Ex Parte Kim

Board of Patent Appeals and Interferences

Oct 25, 2010

11033707 (B.P.A.I. Oct. 25, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte JAE MUN KIM
____________

Appeal 2009-012646
Application 11/033,707
Technology Center 1700
____________

Before BRADLEY R. GARRIS, LINDA M. GAUDETTE, and
MELANIE L. MCCOLLUM, Administrative Patent Judges.

GARRIS, Administrative Patent Judge.

DECISION ON APPEAL1

Appellant appeals under 35 U.S.C. § 134 from the Examiner's
decision rejecting claims 1 and 3-11 under 35 U.S.C. § 103(a) as being
unpatentable over Flavien (FR 2646501 published November 1990; as

1 The two-month time period for filing an appeal or commencing a civil
action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing,
as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE”
(paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery
mode) shown on the PTOL-90A cover letter attached to this decision.
Appeal 2009-012646
Application 11/033,707

translated) in view of Durazzani (GB 2043707 published October 1980).
We have jurisdiction under 35 U.S.C. § 6.
We REVERSE.
Appellant claims a drum washing machine comprising a cabinet
having coupling holes on a rear surface thereof for receiving transit bolts, a
tub in the cabinet having a plurality of coupling members on the rear surface
thereof for coupling to transit bolts, and "a condensing duct provided to be
connected with a rear surface of the tub, the condensing duct having a
through hole formed at a position corresponding to one of the coupling
members of the tub so as to be communicated therewith, the transit bolt
being inserted through the through hole" (claim 7).
Independent claim 7 adequately represents the subject matter claimed
by Appellant and reads as follows:
7. A drum washing machine comprising:

a cabinet having a plurality of coupling holes each receiving a transit
bolt on a rear surface thereof;

a tub provided in the cabinet so as to store wash water therein and
having a plurality of coupling members each coupled with the transit bolt on
a rear surface thereof;

at least one spring provided at an upper part of the tub and attached to
the cabinet, and a damper provided at a lower part of the tub, wherein the tub
is supported by the spring and the damper and is movable in a limited range
determined by the spring and the damper to reduce vibration during
washing; and

a condensing duct provided to be connected with a rear surface of the
tub, the condensing duct having a through hole formed at a position
corresponding to one of the coupling members of the tub so as to be
communicated therewith, the transit bolt being inserted in the through hole.
2
Appeal 2009-012646
Application 11/033,707

The Examiner's obviousness position is set forth below:
Flavien et al. teaches a drum washing machine having a
flat-shaped condensing duct, Figs. 1-2, mounted adjacent to the
rear portion of the tub 4 between the cabinet 2 and the tub 4.
The condensing duct covers approximately 1/3 of the rear
surface of the tub 4, Fig. 2.
Flavien et al. does not teach a transit bolt; however,
Durazzani teaches a drum washing machine having a cabinet
with a plurality of coupling holes each receiving a transit bolt
on a rear surface. The transit bolts fixes to the free end 22 of
each radial arm 10 of the assembly 9 by means of a bolt 23 a
washer 24 and a nut 25. The tub is provided in a cabinet so as
to store wash water therein and having a plurality of coupling
members (free end 22 of radial arm 10) each coupled with the
transit bolt (bolt 23) on a rear surface thereof. The rear surface
of the tub has three coupling members (arm ends at 120° apart)
which communicates with at least three transit bolts, Fig. 1.
The position of the Flavien et al. condensing duct (between the
cabinet and the tub) would suggest at least one hole (and bolt)
of the Durazzani et al. arm to pass through the condensing duct
to attach the transit bolt between the cabinet and the tub, since
the condensing unit covers 1/3 of the surface area of the tub. It
would have been obvious to one of ordinary skill to modify
Flavien et al. with Durazzani to create a washer-dryer washing
machine which can be packaged in such as way as to ensure
efficient protection during transportation to prevent damage to
the tub (Lines 32-38 of Durazzani).

(Ans. 3).
We agree with Appellant that neither of the applied references
contains any teaching or suggestion of a condensing duct having a through
hole as required by the independent claims on appeal (Br. 5-6). As correctly
argued by Appellant and contrary to the Examiner's belief, the fact that
Flavien's condensing duct is between the cabinet and the tub would not
3
Appeal 2009-012646
Application 11/033,707

suggest providing the condensing duct with a through hole for a transit bolt
(id. at 5). This is because there are alternative ways to attach a transit bolt in
the machine of Flavien (id.). For example, the transit bolt could be
positioned adjacent to, rather than through, the condensing duct of Flavien.
In the record before us, it is only Appellant's Specification that
discloses using a through hole and a reason for such use. This circumstance
reflects that the Examiner has applied impermissible hindsight in rejecting
the appealed claims.
For the above stated reasons, we cannot sustain the Examiner's § 103
rejection.
The decision of the Examiner is reversed.

REVERSED

Ssl
BIRCH STEWART KOLASCH & BIRCH
PO BOX 747
FALLS CHURCH, VA 22040-0747

4