Appeal No. 2003-0780
Application No. 08/642,962
ports; 2) after applying the swath of dye to the surface and
before flushing the fixture, observing the swath of dye; and 3)
noting any streaks down through the swath of dye which reveal the
fixture surface through the dye to determine whether water from
the source for the fixture is leaking through one or more of the
flush ports when the fixture is not being flushed. Independent
claims 1 and 11 are representative of the subject matter on
appeal and a copy of those claims may be found in Appendix A of
appellant's brief (Paper No. 23).
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
A product label from a container of LYSOL Fresh Scent Cling,
Thick Liquid Toilet Bowl Cleaner, circa 1995 (hereinafter
LYSOL).
Claims 1 through 11 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over LYSOL. The details of this rejection
are set forth in a prior decision by the Board of Patent Appeals
and Interferences mailed February 25, 2002 (Paper No. 18, pages
7-13), wherein the present rejection was entered as a new ground
of rejection under 37 CFR § 1.196(b).
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