Ex Parte Bemis - Page 2



              Appeal No. 2006-2036                                                                Page 2                
              Application No. 10/382,753                                                                                

                                                  BACKGROUND                                                            
                     The appellant's invention relates to a fluid capture system for collecting the                     
              discharge of fluids from the vicinity of an aircraft landing wheel.  Claims 1 and 4                       
              are representative of the subject matter on appeal, and a copy of these claims can                        
              be found in the appendix to the appellant’s brief.                                                        

                     The examiner relies upon the following as evidence of unpatentability:                             
                     Van Romer et al. (Van Romer)  5,090,588  Feb. 25, 1992                                             
                     Telder     5,603,362  Feb. 18, 1997                                                                

                     The following rejections are before us for review.                                                 
                 1. Claims 1, 4, 5, 7, 8, 11, 12, 14, 15, 18, 19, and 21 stand rejected under                           
                     35 U.S.C. § 102(b) as being anticipated by Telder.                                                 
                 2. Claims 1, 4, 7, 8, 11, 14, 15, 18, and 21 stand rejected under 35 U.S.C.                            
                     § 103(a) as being unpatentable over Van Romer in view of Telder.                                   

                     Rather than reiterate in detail the conflicting viewpoints advanced by the                         
              examiner and the appellant regarding this appeal, we make reference to the                                
              examiner's answer (mailed December 30, 2005) for the examiner's complete                                  
              reasoning in support of the rejection and to the appellant's brief (filed October 17,                     
              2005) and reply brief (filed March 3, 2006) for the appellant's arguments.                                









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