Ex Parte Jerg et al - Page 11

            Appeal No. 2007-0358                                                                              
            Application 10/873,477                                                                            
            “specific areas” to encompass any number of areas without any limitation to                       
            location.  Likewise, we construe the recitation “control mechanism associated with                
            said spraying device for controlling said specific areas” to encompass any type of                
            control mechanism including a mechanical switch operating in concert with                         
            solenoids.                                                                                        
                   Also, neither claim 11 nor the specification places any limitation on the                  
            “respective region” recited in claim 11.  Thus, we construe this term to encompass                
            any region within the dishwasher, including a vicinity of the spray device outlet.                


                   Claim 1 --  35 U.S.C. § 102(b)                                                             
                   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.)  According to the reference, “if very dirty dishes are to          
            be cleaned...the intensity of the spraying must be considerably increased...” and                 
            this is accomplished by reducing the number of active nozzles.  (Id. at 3, lines 3-               
            18.)                                                                                              
                   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                    

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