Ex Parte DeFrank et al - Page 2




              Appeal No. 2005-0785                                                                  Page 2                
              Application No. 10/192,959                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a method for making drip irrigation hose                        
              having single slit outlets.  Claim 1 is representative of the invention and is reproduced in                
              the opinion section of this decision.                                                                       
                     The examiner relied upon the following prior art references of record in rejecting                   
              the appealed claims:                                                                                        
              Lambert et al. (Lambert)                   3,952,637            Apr. 27, 1976                               
              Inoue et al. (Inoue)                       4,139,159            Feb. 13, 1979                               
              Santanna                                   4,167,884            Sep. 18, 1979                               
              Gilead                                     4,195,784            Apr.   1, 1980                              
              Slaughterbeck                              4,204,447            May 27, 1980                                
              Townsend                                   5,076,498            Dec. 31, 1991                               
              Garrett                                    5,144,874            Sep.  8, 1992                               
              Appellants’ admitted prior art (AAPA) on pages 1-2 of the present specification.                            

                     The following rejection is before us for review.                                                     
                     Claims 1-4 and 6-8 stand rejected under 35 U.S.C. § 103 as being unpatentable                        
              over the AAPA in view of Inoue, Slaughterbeck, Gilead and Townsend and further in                           
              view of any one of Lambert, Garrett and Santanna.                                                           
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejection, we make reference to the answer                         
              (mailed September 21, 2004) for the examiner's complete reasoning in support of the                         
              rejection and to the brief (filed August 9, 2004) and reply brief (filed October 12, 2004)                  
              for the appellants’ arguments thereagainst.                                                                 
                                                       OPINION                                                            





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