Appeal No. 2006-0305 5
Application No. 10/370,545
14-16). As shown in Figure 1, the device includes a pressure cup C, a rubber gasket D
in an annular channel a at the lower edge of the pressure cup, a tubular portion E on the
top of the pressure cup, a spider F inside the tubular portion, openings I in the spider
allowing for the passage of water, a spindle G passing through a boss F’ in the spider, a
wingnut H on an upper threaded end of the spindle, a reducer I’ coupled to the upper
end of the tubular portion, and a threaded socket L in the lower end of the spindle.
Figure 2 illustrates a screw M designed to engage the threaded socket in the spindle
and a nut associated with the drain of a bathtub or washbowl (see page 1, lines 61-70)
to affix the device to the drain. In operation, the device is secured to a drain in the
manner generally depicted in Figure 1 (which shows the use of hooks K rather than
screw M to engage the drain) and the reducer I’ is connected to “any source of water-
pressure or a good force-pump” (page 1, lines 59-60) to clean the drain.
The Merritt device responds to all of the limitations in claims 1 and 4-6 pertaining
to the drain adapter. In this regard, and as correctly pointed out by the examiner,
Merritt’s reducer I’, pressure cup C, spider F, and spindle G/screw M respectively
constitute a “hose end fitting,” “bottom drain sealing element,” “perforated base,” and
“fastener” to the extent recited in these claims. Notwithstanding the appellants’
arguments to the contrary, the spindle G and screw M collectively embody an externally
threaded, centrally located post which is slidably received through an aperture (boss F’)
in a perforated base (spider F having openings I) as set forth in claims 1 and 4.
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