Ex Parte Jerg et al - Page 4

            Appeal No. 2007-0358                                                                              
            Application 10/873,477                                                                            

                         11.  The device according to claim 10, wherein said control                          
                   mechanism is operable to control said spraying device to provide a                         
                   more intensive spraying of a respective region in response to the                          
                   sensing by said sensor of a condition in the dishwasher indicating that                    
                   items in the respective region have a soil condition requiring more                        
                   intensive spraying.                                                                        
                   The examiner relies on the following prior art references as evidence of                   
            unpatentability.                                                                                  
                   Cooper et al.             US 5,611,867              Mar. 18, 1997                          
                         (Cooper)                                                                             
                   Benkert                  DE 1,403,670              Oct. 24, 1968                          
                         (DE ‘670) 2                                                                          
                   Appellants acknowledge that DE ‘670 “discloses a dish rack 2-6 and a                       
            plurality of jets 7-10 with each of the jets having a respective magnetic valve 21-24             
            associated therewith.”  (Amended Appeal Brief at 11.)  They contend, however,                     
            that “[i]t is not at all clear how [DE ‘670] provides any motivation to one of                    
            ordinary skill in the art to modify its jet arrangement to configure the device for               
            cleaning items to be washed in a dishwasher recited in claim 1 of the present                     
            application.”  (Id.)  With respect to the rejection of claim 11 over the combined                 
            teachings of DE ‘670 and Cooper, Appellants contend that “Cooper et al provides                   
            no hint of the desirability of controlling a spraying device to provide a more                    

                                                                                                             
                   2  Like the examiner, we rely on the PTO English language translation of DE                
            ‘670 in the record.                                                                               
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