Ex Parte Noguchi et al - Page 3



          Appeal No. 2004-0672                                                        
          Application No. 09/894,704                                                  
               a plurality of first spray nozzles for receiving water from            
          said water source and spraying a substantially flat spray of                
          water in a substantially vertical plane.                                    
               The references set forth below are relied upon by the                  
          examiner in the section 102 and section 103 rejections before us:           
          Yoshida et al. (Yoshida)      6,195,814           Mar.  6, 2001             
          Shirai et al. (Shirai)        10-028656           Feb.  3, 1998             
          (Japanese Patent Application Laid-open)                                     
          (Translation copy attached)                                                 
               Claims 56-64 stand rejected under the first paragraph of 35            
          U.S.C. § 112 as containing subject matter which was not described           
          in the specification in such a way as to reasonably convey to one           
          skilled in the art that the inventors, at the time the                      
          application was filed, had possession of the claimed invention.             
               Claims 40, 41, 50 and 52-55 stand rejected under 35 U.S.C.             
          § 102(b) as being anticipated by Yoshida.                                   
               Claims 56-62 stand rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over Yoshida in view of the Japanese                     
          reference.                                                                  
               As reflected on page 3 of the brief and confirmed on page 2            
          of the answer, independent claims 40 and 56 have been separately            
          grouped and argued on this appeal.  However, the dependent claims           
          will stand or fall with their respective parent claims 40 and 56.           
          See 37 CFR § 1.192(c)(7)(2002).                                             

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