Appeal No. 2005-0981
Application No. 09/848,665 Page 5
See drawing figures 1-3 and columns 1-3 of Sensor. In the
rejection before us, the examiner maintains that the irrigation
system of Sesser includes troughs. In this regard, the examiner
asserts that the furrows, which are formed in the ground of
Sesser represent troughs, as here claimed. This is so according
to the examiner because the terms “trough” and “furrow” include a
common definition in that each can represent a narrow depression.
See page 5 of the answer. However, as correctly explained by
appellants (brief, pages 8 and 9 and reply brief, pages 2 and 3),
independent claim 33 requires troughs that comprise structure,
including a wall, that is separate from the ground. The troughs
are positioned at least partially above a surface of the ground
according to claim 33. Also, a passageway is formed in the
trough which passageway permits water to flow from the trough
into the ground. Consequently, on this record, we agree with
appellants that appellants’ claimed troughs represent structure
that is distinct from the furrows formed in the ground as taught
by Sesser.
The examiner furnishes an alternative position asserting
that “[it] would have been obvious to a person having ordinary
skill in the art at the time of the invention to have provided a
trough to the device of Sesser as taught by Stoddart to
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