Ex parte O'SHEA - Page 6




         Appeal No. 1999-1719                                    Page 6          
         Application No. 08/787,700                                              


         elements (13, 27, 28) in Figures 1-5 of the present                     
         application for mounting the window frame to the house and              
         having integral drains.3  We note the examiner's explanation            
         that a portion of Harbom's sash (appendix to the answer) is a           
         J-channel member (answer, page 4).  However, it is our belief           
         that one of ordinary skill in the art would not view the                
         examiner denoted J-channel portion of Harbom's sash to be a J-          
         channel member because, at least, it does not mount the window          
         frame to the house structure.  The examiner denoted J-channel           
         portion of Harbom also does not provide securement for the              
         siding.  It is our view that Harbom does not teach or suggest           
         a J-channel member integral with a window frame and containing          
         integral drains as recited in claim 1.  Accordingly, we will            
         not sustain the examiner's rejection of claim 1 as being                
         anticipated by Harbom under 35 U.S.C. § 102(b).                         


              Claim 7, the only other independent claim, is directed to          
         a door frame assembly comprising a door frame and an integral           
         J-channel member containing integral drains.  Harbom teaches            
                                                                                
         3 Claim language should be read in light of the specification as it would be
         interpreted by one of ordinary skill in the art.  See In re Sneed, 710 F.2d
         1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).                         






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