Ex Parte Kelley et al - Page 5



          Appeal No. 2005-1107                                                        
          Application No. 10/621,201                                                  

          liquid in a tank (see pages 3 and 4 of appellants'                          
          specification).                                                             
               Appellants also submit that "the Pope patent actually                  
          teaches away from the present invention since in Pope there is no           
          attempt or intention to utilize mutiple pairs of plates located             
          in different areas of the reservoir" (page 10 of Brief, second              
          paragraph).  However, we find that appellants' argument has been            
          completely refuted by the examiner at page 7 of the Answer.                 
               As a final point, we note that appellants base no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut the prima facie case of                 
          obviousness established by the examiner.                                    
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, the examiner's decision rejecting the               
          appealed claims is affirmed.                                                










                                         -5-                                          



Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007