Ex Parte Demchick

Board of Patent Appeals and Interferences

Jul 31, 2008

10628891 (B.P.A.I. Jul. 31, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE 1
____________________ 2
3
BEFORE THE BOARD OF PATENT APPEALS 4
AND INTERFERENCES 5
____________________ 6
7
Ex parte ROBERT L. DEMCHICK 8
____________________ 9
10
Appeal 2008-1406 11
Application 10/628,891 12
Technology Center 3700 13
____________________ 14
15
Decided: July 31, 2008 16
____________________ 17
18
Before MURRIEL E. CRAWFORD, HUBERT C. LORIN, and MICHAEL 19
W. O’NEILL, Administrative Patent Judges. 20
21
CRAWFORD, Administrative Patent Judge. 22
23
24
DECISION ON APPEAL 25
26
STATEMENT OF CASE 27
Appellant appeals under 35 U.S.C. § 134 (2002) from a final rejection 28
of claims 18 to 28. We have jurisdiction under 35 U.S.C. § 6(b) (2002). 29
Appellant invented a recreational vehicle equipped with an exterior 30
water outlet for potable water (Specification 1, 12). 31
Appeal 2008-1406
Application 10/628,891

2
Claim 18 under appeal reads as follows: 1
18. A recreational vehicle equipped with a 2
plumbing system comprising, in communication 3
with each other, 4
a city water inlet for potable water on the port side 5
of said recreational vehicle, 6
a storage tank for potable water, and 7
an outlet for potable water which is attached on the 8
exterior of said recreational vehicle on the 9
starboard side of said recreational vehicle. 10
11
The Examiner rejected claims 18 to 28 under 35 U.S.C. § 103(a) as 12
being unpatentable over Reid in view of Eisner. 13
The prior art relied upon by the Examiner in rejecting the claims on 14
appeal is: 15
Eisner US 2,837,109 Jun. 3, 1958 16
Reid US 3,594,825 Jul. 27, 1971 17
18
Appellant contends that neither Reid nor Eisner discloses a 19
recreational vehicle equipped with an outlet for potable water attached on 20
the exterior of the recreational vehicle on the starboard side of the 21
recreational vehicle. 22
23
ANALYSIS 24
We agree with the Appellant that neither Reid nor Eisner discloses or 25
suggests a recreational vehicle equipped with an outlet for potable water 26
attached on the exterior of the recreational vehicle on the starboard side of 27
the recreational vehicle. 28
In this regard, we find that Reid discloses a recreational vehicle 29
having an inlet 18 that delivers water to a sink D, shower C, collecting tank 30
G, and toilet E (Figure 3, col. 2, l. 73 to col. 3, l. 18). Water from the toilet 31
Appeal 2008-1406
Application 10/628,891

3
is supplied to a septic holding tank H and may be discarded through a drain 1
outlet 52 (col. 3, l. 24 to 32; ll. 58 to 60). Reid does not disclose or suggest 2
an outlet for potable water attached on the exterior of the recreational 3
vehicle on the starboard side of the recreational vehicle. 4
We find that Eisner discloses a waterproofing material pumping 5
apparatus that includes a water inlet 28 and a mixture outlet 27 (Figure 1; 6
col. 2, ll. 21 to 26, 43 to 48). Eisner does not disclose, nor does Eisner 7
suggest, an outlet for potable water. In addition, we agree with the 8
Appellant that the outlet 27 is disposed on the back side of the vehicle rather 9
than the starboard side as required by claim 18. 10
As neither Reid nor Eisner disclose or suggest an outlet for potable 11
water disposed on the starboard side of the recreational vehicle, we will not 12
sustain the Examiner’s rejection of claim 18 or claims 19 to 28 which 13
dependent thereon. 14
The decision of the Examiner is reversed. 15
16
REVERSED 17
Appeal 2008-1406
Application 10/628,891

4
hh 1
2
3
PROFESSOR DEMCHICK'S PATENT SERVICES 4
22 Manuka Street 5
Hokowhitu 6
Palmerston North 4410 NZ NEW ZEALAND 7
8
9