Ex Parte Dorsch et al - Page 3



        Appeal No. 2006-0962                                  3                       
        Application No. 10/117,981                                                    

        Claims 15 through 23 stand rejected under 35 U.S.C. § 103(a)                  
        as being unpatentable over Hartman in view of Arbeus.                         

        Rather than attempt to reiterate the examiner's commentary                    
        with regard to the above-noted rejection and the conflicting                  
        viewpoints advanced by appellants and the examiner regarding that             
        rejection, we make reference to the final rejection (mailed                   
        September 7, 2004) and answer (mailed June 27, 2005) for the                  
        examiner's reasoning in support of the rejection, and to                      
        appellants’ brief (filed May 5, 2005) and reply brief (filed                  
        November 14, 2005) for the arguments thereagainst.                            

        OPINION                                                                       

        In reaching our decision in this appeal, we have given                        
        careful consideration to appellants’ specification and claims, to             
        the applied prior art references, and to the respective positions             
        articulated by appellants and the examiner.  As a consequence of              
        our review, we have made the determination which follows.                     

        Hartman discloses a centrifugal sludge pump having an                         
        impeller with a single spiral blade or vane (42), a pump casing               













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