Appeal No. 2006-0219
Application No. 09/855,002
maintain that component 2 of Hehl is a “connecter” and is not a
drainage pipe, component 2 of the reference is tapered and is in
fluid communication with drainage pipes 22, 12 and 13 and,
therefore, can be fairly considered as part of the drainage
pipes.
We now turn to the Section 102 rejection of claims 23-29
over Ohlswager. We concur with the examiner that plate means
16 of Ohlswager meets the claim 23 requirement for a hood having
at least one opening that covers an inlet opening of a drainage
pipe. Notwithstanding appellants’ argument to the contrary, we
agree with the examiner that “[t]he base of ‘plate means’
16 clearly extends over the drainage pipes 12,” thereby covering
them as claimed (page 4 of answer). Appellants acknowledgment
that “[t]he fluid enters the vessel impinging on the splash
baffle located over the top of pipe opening thereby restricting
the fluid entering the opening of the pipe” supports the
conclusion that plate 16 of the reference covers the opening to
pipe 12, at least to some extent. While appellants submit that
“Ohlswager does not teach or suggest the use of the splash plate
to prevent foreign matter from entering the pipe and fouling or
clogging the system” (page 6 of brief, first paragraph), it
logically follows that plate 16 of the reference prevents at
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