Appeal 2007-0516
Application 10/438,506
1 Examiner additionally rejected Claims 3 and 4 under 35 U.S.C. § 112, ¶ 2,
2 as indefinite.
3 We reverse the rejection under 35 U.S.C. § 112, ¶ 1 as to Claims 1, 5-
4 16 and 22-23 and affirm as to claims 3, 4 and 17-21. We also affirm the
5 rejection of Claims 3 and 4 as indefinite.
6 New matter
7 Findings of Fact
8 The invention
9 F. 1. The subject matter of Application 10/438,506 relates to a drum which
10 incorporates an agitator. Spec. p. 1.
11 F. 2. The agitator is used to mix liquids, such as paint, which include solids
12 that tend to settle to the bottom of the drum. Spec. p. 1.
13 F. 3. The agitator includes a bladed shaft that is rotated to mix the liquid
14 and solids in the drum. Spec. p. 1
15 F. 4. A removable motor mounted on the container rotates the shaft and
16 blades. Spec. p. 1.
17 F. 5. The motor mounts to the top of the drum by means of an externally
18 threaded mounting component on the motor and an internally threaded
19 flange on the top of the drum. Spec. p. 1-2.
20 F. 6. The externally threaded mounting component engages the internal
21 threads of the flange opening securing the motor to the top of the container.
22 Spec. p. 1-2.
23 F. 7. Applicant noted that there may be a mismatch between the externally
24 threaded motor mounting component and the internally threaded flange
25 opening preventing mounting the motor on certain containers. Spec. p. 2.
26 F. 8. Applicant’s invention provides an adaptor, a “one piece conversion
27 device,” that addresses the mismatch. Spec. p. 2.
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