Appeal 2006-2946
Application 10/197,455
the side walls defining said passage portion connecting an air outlet
pipe and a motor driving chamber of a cleaner body; and
a cover attached to the side walls of the duct, the cover having side
walls and sealing strips formed thereon, the sealing strips contacting the ribs
to seal the passage portion.
The Examiner relies upon the following reference in the rejection of
the appealed claims:
Palobeis US 6,725,499 B2 Apr. 27, 2004
Appellant's claimed invention is directed to a discharging duct of a
vacuum cleaner of the upright-type. The duct has a passage portion and a
pair of ribs that are adjacent to side walls and are "adjacent and continuous
with" the passage portion (claim 1). Sealing strips of a cover attached to the
side walls of the duct contact the ribs to seal the passage portion.
Appealed claims 1 and 2 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by Palobeis.
Appellant has not set forth a separate argument for claim 2.
Accordingly, claim 2 stands or falls together with claim 1.
We have thoroughly reviewed each of Appellant's arguments for
patentability. However, we are in agreement with the Examiner that
Palobeis describes the claimed discharging duct within the meaning of
§ 102. Accordingly, we will sustain the Examiner's rejection for the reasons
set forth in the Answer.
There is no dispute that Palobeis describes a discharging duct 170 for
a vacuum cleaner of the upright-type comprising a pair of ribs 218 that are
2
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