Ex parte O'SHEA - Page 2




         Appeal No. 1999-1719                                    Page 2          
         Application No. 08/787,700                                              


                                   BACKGROUND                                    
              The appellant's invention relates to a window frame                
         assembly having a J-channel with integral drains                        
         (specification, p. 1).  A copy of the claims under appeal is            
         set forth in the appendix to the appellant's brief.                     


                                  THE PRIOR ART                                  
              The prior art reference of record relied upon by the               
         examiner in rejecting the appealed claims is:                           
         Harbom et al. (Harbom)       5,044,121          Sep. 3, 1991            


                                 THE REJECTION 1                                 
              Claims 1 through 12 stand rejected under 35 U.S.C. §               
         102(b) as being anticipated by Harbom.                                  


              Rather than reiterate the conflicting viewpoints advanced          
         by the examiner and the appellant regarding the above-noted             

                                                                                
         1 Claims 3 and 9 were amended subsequent to the final rejection.  The examiner
         has indicated that the amendments to claims 3 and 9 have been entered and
         overcome the 35 U.S.C. § 112 rejection of dependent claims 4 and 10 (answer,
         page 2).                                                                








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