Appeal No. 2006-1172
Application No. 10/313,418
On page 6 of the answer, the examiner responds:
The Shrewsbury-Gee reference shows that the
unit (16) may have different forms of mounting configurations,
such as a single screw (if the other screw is missing or
broken or if so desired by a user) with a lever or two-screw
with a lever as shown in Fig. 6 or two screw and a center
screw (if needed in place of where lever 104 is not present)
as shown in Fig. 2.
We disagree with the examiner’s assessment of the Shrewsbury-Gee
reference. Shrewsbury-Gee teaches a bath overflow alarm and teaches two
different devices for use with two different methods of mounting the overflow
drain covers. Figures 1 and 2 depict an overflow drain alarm where the overflow
alarm mounting plate is attached by a screw through a central aperture. Figure 6
depicts an overflow alarm mounting plate for use in tubs with toggles for popup
drains, which makes use of two screws, one on either side of the toggle. We do
not find that Shrewsbury-Gee teaches that a screw can be used through the
toggle hole (of the mounting plate for a tub with a toggle) to attach the alarm to a
tub, which does not use a toggle. Nor do we find that the use of only one of the
two screws or using both of the screws in the figure 6 embodiment of an overflow
alarm mounting plate for a tub with a toggle for a popup drain meets the claim
requirement of different overflow mounting plate configurations. Rather, using
one or two screws in the figure 6 embodiment merely shows two ways of
mounting the housing to one of the at least two different overflow mounting
configurations. As we do not find that Shrewsbury-Gee discloses all of the
limitations of independent claim 1, we will not sustain the examiner’s rejection of
claims 1 and 18 under 35 U.S.C. § 102 as being anticipated by Shrewsbury-Gee.
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