Appeal No. 2007-0358
Application 10/873,477
2. With respect to the obviousness rejection of claims 5, 10, and 11,
Applicants do not contest the examiner’s final rejection of claims 5
and 10. (Amended Appeal Brief at 5.)
3. DE ‘670 describes a dishwasher in which the intensity of the spray
action can be adjusted or shifted according to the degree of soiling of
the dishes. (Translation at 2, lines 4-5.)
4. According to DE ‘670, “if very dirty dishes are to be cleaned...the
intensity of the spraying must be considerably increased” (translation
at 3, lines 3-5) and this is accomplished by reducing the number of
active nozzles (id. at 3, lines 6-18.)
5. Figure 1 of DE ‘670 is said to depict a dishwashing machine
consisting of: housing 1, the upper area of which, separated from the
lower part by a plate, has devices 2, 3, 4, and 5 for holding dishes;
spray nozzles 7-10 located on the bottom surface 6 of the upper area
and connected to pump 12 driven by motor 11; and a switch 14 with
segments 15-18 operating in concert with solenoids 21-24 to control
the number of active spray nozzles. (Translation at 2-3 and Fig. 1.)
6. Appellants acknowledge that the claim recitation “at least one dish
rack” reads on the combination of bottom surface 6 and dish holders
7
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