Appeal No. 2007-0358
Application 10/873,477
We AFFIRM the examiner’s final rejection of all pending claims.
The specification describes “a device...for washing items in a dishwasher
which...enable[s] items to be washed that are stacked in a dish rack with varying
dirtiness or soiling to be cleaned optimally according to the degree of dirtiness or
soiling.” (Specification at 2, lines 14-20.) A spraying device having “specific
areas” is integrated with at least one dish rack and a “control mechanism is
associated with the spraying device for controlling the specific areas of the
spraying device during washing.” (Id. at 2, line 22, to 3, line 3.) Applicants’ Fig.
1 is reproduced below:
appeal, when taken, must be taken from the rejection of all claims under rejection
which the applicant or patent owner proposes to contest” (Emphasis added). See
37 CFR § 41.31(c). Accordingly, these claims are also subject to our decision on
appeal. Because Applicants do not contest the rejection of claims 5 and 10, we pro
forma affirm the rejection as to these claims.
2
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