Ex parte O'SHEA - Page 4




         Appeal No. 1999-1719                                    Page 4          
         Application No. 08/787,700                                              




              Claim 1 is representative and reads as follows:                    
         1. A window frame assembly, comprising:                                 
            a window frame; and,                                                 
            a J-channel member integral with said window frame, said J-          
         channel member containing integral drains operatively arranged          
         to constrain and divert water away from and exterior to said            
         window frame, said drains comprising enclosed channels having           
         an inlet to receive rain water and an outlet to expel said              
         rain water exterior to said window frame.                               


              Harbom discloses a sash for a window or door unit (column          
         1, lines 5-10) which has "at least one vent opening in the              
         upper portion of the sash... in communication with at least             
         one exterior water drain hole in the bottom of the sash..."             
         (column 2, lines 2-10).                                                 


              The examiner, in the rejection, relies on Harbom's sash            
         (16) as a teaching or suggestion of a window frame and of a             
         portion of the sash (16) containing the internal passageway             
         (46) as the J-channel member of the appellant's claim 1.  The           
         issue before us is whether one of ordinary skill in the art             
         would have understood Harbom's sash and internal passageway to          
         be a window frame assembly including a window frame and a J-            








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