Ex Parte Kirby - Page 2




          Appeal No. 2004-1263                                                        
          Application No. 09/683,029                                                  

                    Claim 1 is representative of the subject matter on                
          appeal and is set forth below:                                              
                    1. An apparatus for building a shower curb                        
          comprising:                                                                 
                    a plurality of horizontally disposed boards stacked in            
          a vertical array, said boards being cut to a common length equal            
          to an elongate space within which is to be built said shower                
          curb;                                                                       
                    a flexible shower liner disposed in overlying relation            
          to said plurality of boards;                                                
                    a three-sided frame disposed in overlying relation to             
          said boards and in overlying relation to said flexible shower               
          liner;                                                                      
                    said three-sided frame including a top wall, a front              
          wall, and a back wall;                                                      
                    said front wall and said back wall being disposed in              
          parallel relation to one another and in perpendicular, depending            
          relation to said top wall;                                                  
                    said three-sided frame having a predetermined depth;              
                    a plurality of openings formed in said top wall, said             
          front wall, and said back wall;                                             
                    said plurality of openings receiving a cementitious               
          material;                                                                   
                    said boards and liner being completely covered by said            
          cementitious material when said cementitious material is applied            
          to said boards and liner through said plurality of openings at a            
          depth substantially equal to said predetermined depth of said               
          frame so that said top wall, front wall, and back wall of said              
          frame are substantially flush with said cementitious material;              



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