Appeal No. 2005-0583
Application No. 10/116,494
apparatus traps debris via a filter. Correspondingly, the
appellant’s disclosed debris trap filters solid material from
swimming pool water via the strainer basket contained therein
(see lines 5-9 on specification page 3 and lines 18-23 on
specification page 5).
We understand the appellant’s point that swimming pool water
cleaning systems may include distinct pieces of hardware
denominated as debris traps and filters. However, this begs the
pivotal issue as to whether merely reciting the phrase “swimming
pool debris trap” in appealed claim 1 necessarily distinguishes
over apparatus, which is otherwise indistinguishable and which
functions to trap swimming pool debris, simply because the
apparatus contains a filter. Particularly since the appellant’s
disclosed debris trap contains a strainer basket which performs a
filtering function, it is our ultimate determination that the
claim 1 requirement for a “swimming pool debris trap” is
satisfied by the swimming pool filter apparatus of Wilkes or
Hayes.
As for dependent claim 2, the appellant points out that this
claim “adds the feature of a lid and a canister, whereas [each of
Wilkes and Hayes] appears to have a canister in two halves”
(brief, pages 5 and 7). Apparently, it is the appellant’s
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