Ex Parte Jerg et al - Page 7

            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                  



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