Appeal 2006-2578
Application 09/811,970
The Examiner finds the independent claim limitation “a continuous
roll of inner wall material of the well” (claims 1, 26) positioned against a top
of the filter to hold the filter in place is satisfied by shoulder 17 (Figures 10,
11) of Bowers’ filtration device (Answer 4, 6).
With respect to both the § 102 and § 103 rejections, the Appellants
present the following argument.
[T]he Figure cited for support in the office action is Figure 11.
In this embodiment, Bowers clearly and specifically teaches
that it is the annular element 96, the bottom of which is applied
to the upper surface of the filter 70 to hold the filter 70 in place.
(Column 8, lines 48-63 of Bowers). Nowhere does Bowers
teach that the shoulder 17, which is located some ways up the
side of the inner wall, holds the filter in place. Bowers clearly
and unequivocally teaches and shows to the contrary that the
bottom surface of the annular element of the upper plate
performs this function. As this feature as well as the shoulder
feature itself is not a continuous roll of inner wall material as
required by the claims, Bower fails to teach the claimed
element and is not an anticipatory reference.
Brief 4, see also 6.
On this record, there are no disputed findings of fact concerning the
teachings of Bowers. The only dispute is whether the shoulders of
Bowers satisfy the "continuous roll" requirement of the independent
claims.
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