Ex Parte Hirtriter - Page 1


                 The opinion in support of the decision being entered today was not written for                        
                 publication and is not binding precedent of the Board.                                                
                                                                                                                      


                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                   _____________                                                       
                                   BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                        
                                                   _____________                                                       
                                           Ex parte R. ERIC HIRTRITER                                                  
                                                   _____________                                                       
                                               Appeal No. 2006-1172                                                    
                                             Application No.  10/313,418                                               
                                                  ______________                                                       
                                                      ON BRIEF                                                         
                                                 _______________                                                       


                 Before OWENS, BAHR and NAPPI, Administrative Patent Judges.                                           
                 NAPPI, Administrative Patent Judge.                                                                   

                                              DECISION ON APPEAL                                                       
                        This is a decision on appeal under 35 U.S.C. § 134 of the rejection of                         
                 claims 1, 12, 13 and 16 through 20.  Claims 14 and 15 are objected to and                             
                 claims 2 through 11 are withdrawn.  For the reasons stated infra we reverse                           
                 the examiner’s rejection of claims 1, 12, 13 and 16 through 20.                                       
                                                      Invention                                                        
                        The invention relates to an overflow alarm for a bathtub designed to be                        
                 attached in place of the tub overflow cover plate.  The overflow alarm mounting                       
                 plate is designed such that it can be used on tubs with different overflow plate                      
                 mounting configurations.  See page 3 of appellant’s specification.                                    

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