Ex parte MOORE et al. - Page 2




                 Appeal No. 98-2117                                                                                       Page 2                        
                 Application No. 08/370,170                                                                                                             


                 28-34 and 54-61 stands allowed.   Claim 40, the only other2                                                                              
                 claim remaining in the application, has been indicated as being                                                                        
                 allowable subject to the requirement that it be rewritten to                                                                           
                 include all the subject matter of the claims from which it                                                                             
                 depends.                                                                                                                               
                          We REVERSE.                                                                                                                   
                          The appellants' invention pertains to a window frame                                                                          
                 comprising a plurality of frame members joined together at the                                                                         
                 corners.  Of special importance is the provision glazing legs                                                                          
                 that slope inwardly at an acute angle and have substantially                                                                           
                 flat, planar glazing surfaces separated by a pocket for                                                                                
                 receiving a continuous bead of bedding compound.  Independent                                                                          
                 claim 35 is further illustrative of the appealed subject matter                                                                        
                 and a copy thereof may be found in APPENDIX A of the brief.                                                                            
                          The references relied on by the examiner are:                                                                                 


                          2Claims 35, 37, 39, 46, 47, 54 and 59 have been amended                                                                       
                 subsequent to final rejection in an amendment filed October 3,                                                                         
                 1996 (Paper No. 8) and claim 59 has been a second time                                                                                 
                 subsequent to final rejection in an amendment filed November                                                                           
                 1, 1996 (Paper No. 10).  Although the examiner has stated in                                                                           
                 the advisory actions mailed on October 22, 1996 (Paper No. 9)                                                                          
                 and November 11, 1996 (Paper No. 12) that these amendments                                                                             
                 would be entered, we observe that no clerical entry thereof                                                                            
                 has in fact been made.                                                                                                                 







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