Ex Parte Ball et al - Page 8




              Appeal No. 2006-0305                                                                         8                                       
              Application No. 10/370,545                                                                                                           


                     Accordingly, we shall sustain the standing 35 U.S.C.        § 103(a) rejection of                                             
              claims 1 and 4-6 as being unpatentable over Merritt in view of Jones and Davis.                                                      


              II. The 35 U.S.C. § 103(a) rejection of claims 8, 10 and 11 as being unpatentable over                                               
              Coles in view of Lewis, Jones and Davis                                                                                              

                     Coles discloses a drain pipe flushing attachment composed of a disk body 11                                                   
              having a nipple 14 for connection to a water supply hose 17 and a depending peripheral                                               
              flange 12 provided with an external screw thread 13 for engaging an internal screw                                                   
              thread 10 on a countersunk portion of a drain screen plate in a kitchen sink or other                                                
              bowl/basin.                                                                                                                          
                     Suffice to say that Coles provides little response to the subject matter recited in                                           
              claim 8.  The examiner’s reliance on Lewis, Jones and Davis to cure the extensive                                                    
              shortcomings of Coles in this regard is not well founded.                                                                            
                     Lewis discloses a bathtub overflow drain pipe having an externally threaded                                                   
              portion extending from the front wall of the tub.  As discussed above, Jones discloses a                                             
              drain flushing device connected via a hose to a faucet and Davis discloses a bathtub                                                 
              shower having an externally threaded water output pipe 12 projecting from the wall of                                                
              the shower.                                                                                                                          
                     In short, the only suggestion for reconfiguring and supplementing the kitchen                                                 
              drain flushing attachment disclosed by Coles in view of Lewis, Jones and Davis so as to                                              

















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