Appeal No. 2006-1951 Παγε 5
Application No. 10/392,140
freezer. Appellants assert (id.) that although the examiner
considers the term “sink” as being met by the bottom 22 and
tubular element 19 of Wenning, that the examiner’s position is
contrary to the use of the term “sink” as used by appellants and
the dictionary definition of the term, supplied by appellants.
It is argued (brief, page 4) that cover 21 of Wenning does not
form a floor as defined by the dictionary definition supplied by
appellants. Moreover, it is argued (id.) that shell wall 23 of
cover 21 of Wenning does not have an upstanding wall because
shell wall 23 extends horizontally. Appellants additionally
argue (brief, page 5) that tubular element 19 of Wenning extends
horizontally from cover 21 and does not extend upwardly from wall
23 as required by claim 10. It is further argued that shell wall
19 does not extend upwardly from wall 23 because of the overlap
joint between cover 21 and tubular element 19.
The examiner responds (answer, page 3) that the term “sink”
defines no structure other than a receptacle which is met by
Wenning. With respect to the dictionary definition provided by
appellants, the examiner asserts that the primary definition is
“pool” which is met by the Wenning structure and is not contrary
to the definition by applicant and the dictionary.
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