Appeal 2006-2171 Application 10/840,715 The rejection as presented by the Examiner is as follows: 1. Claims 1-5, 8, 10-18, 25-26, 31 and 34-36 are rejected under 35 U.S.C. § 103(a) as unpatentable over Herzhauser in view Price. Rather than reiterate the respective positions advocated by the Appellant and by the Examiner concerning this rejection, we refer to the Brief and the Reply Brief, and to the Answer respectively for a complete exposition thereof. Appellant separately argues claims 1, 10, 11, 13, 18, and 26. Accordingly we address Appellant’s arguments regarding those claims in our opinion below. OPINION CLAIM 1 The Examiner rejected claim 1 under § 103(a) over Herzhauser in view of Price. The Examiner found that Herzhauser does not disclose monitoring the rate of water collection in the holding tank (Answer 4). The Examiner found that Price discloses monitoring the rate of water collection in a bilge (Answer 5). The Examiner concluded it would have been prima facie obvious to one of ordinary skill in the art to “provide to the holding tank, pump and switch of Herzhauser a monitor, timer and alarm similar to those discussed in column 3, lines 17-36 of Price so that in Herzhauser the . . . rate of water collection in said holding tank can be monitored . . . to indicate to the boat owner when the packing [i.e., stuffing] box is leaking too much” (Answer 5-6). 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013