Appeal 2006-2180 Application 10/752,180 Claim 1 illustrates Appellants’ invention of a floor cleaner device, and is representative of the claims on appeal: 1. A floor cleaner device for cleaning a floor, the floor cleaner device having a front and a rear, the floor cleaner device comprising: a scrubber for wetting and cleaning the floor, the scrubber having a front and a rear; and a burnisher for burnishing the floor, the burnisher positioned in closer proximity to the rear of the scrubber than to the front of the scrubber, wherein the scrubber comprises a scrubber brush having an axis of rotation substantially parallel to the floor and substantially perpendicular to an axis running from the front to the rear of the floor cleaner device, said burnisher comprising a burnisher pad and a motor for spinning the burnisher pad at a speed at or above 1000 revolutions per minute, wherein the burnisher and the scrubber are positioned relative to one another such that a front-most point of the burnisher pad is located less than 40 centimeters from a rear- most point of contact of the scrubber brush with the floor. The references relied on by the Examiner are: Mendelson US 2,622,254 Dec. 23, 1952 Hufton US 3,992,747 Nov. 23, 1976 Nagayama US 4,910,824 Mar. 27, 1990 Blehert US 5,093,955 Mar. 10, 1992 The Examiner has advanced the following grounds of rejection on appeal: claims 1, 4, 5, 9 through 11, 13 through 15, 44, and 51, 53, 56, 57, and 59 through 62 under 35 U.S.C. § 103(a) as being unpatentable over Mendelson in view of Nagayama (Answer 3-5); claims 2, 3, 6, 52, 54, 55, and 58 under 35 U.S.C. § 103(a) as being unpatentable over Mendelson in view of Nagayama as applied to claims 1 and 11, and further in view of Blehert (id. 5-6); and claims 42 and 43 under 35 U.S.C. § 103(a) as being unpatentable over Mendelson in view of Nagayama and Hufton (id. 6-7). Appellants argue the appealed claims as a group, subsuming the second and third grounds of rejection, which involve “tertiary” references, 2Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007