Ex Parte Hughes - Page 5



           Appeal No. 2006-1845                                                                      
           Application No. 10/350,875                                                                

                 The appellant argues that the appellant’s claims require a                          
           drain disposed beneath the floor level (brief, page 9).  That                             
           limitation does not appear in the claims.                                                 
                 The appellant argues that Letner’s channels both conduct                            
           liquid and provide support for the subbase, and that Letner’s                             
           drain traps water under the feet of the user as it delays the                             
           passage of waste water to the sump (brief, page 9).  Those                                
           features are not excluded by the appellant’s claims.                                      
                 The appellant argues that Letner’s drain is not a single                            
           drain and does not run substantially the length of the interior                           
           space because an accepted meaning of “run” is measured in a                               
           straight line (brief, page 9).  The components of Letner’s                                
           drain, in combination, form a single drain.  The appellant’s                              
           disclosure does not limit “run” to a straight line.  The                                  
           definitions of “run” provided by the appellant include “to lie                            
           in or take a certain definition”.  Letner’s drain meets that                              
           definition.                                                                               
                 The appellant argues that Letner and ACSI are not                                   
           combinable because ACSI discloses transverse floor drains                                 
           (brief, pages 9-10).  ACSI is not needed for a disclosure of the                          
           appellant’s single drain running substantially the length of the                          


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