Ex Parte Bohacik et al - Page 2



          Appeal No. 2006-1951                                        Παγε 2                          
          Application No. 10/392,140                                                                  

                                     BACKGROUND                                                       
               The appellants’ invention relates to a blank for a sink                                
          (specification, page 1).                                                                    
          Claim 10 is representative of the invention, and is reproduced as                           
          follows:                                                                                    
               10. A sink comprising                                                                  
               a drawn one piece metal body defining a floor and an                                   
          upstanding wall extending peripherally of said floor; and                                   
               a peripheral metal frame welded to and extending upwardly                              
          from said wall of said body.                                                                
               The prior art references of record relied upon by the                                  
          examiner in rejecting the appealed claims are:                                              
          Just      2,456,065  Dec. 14, 1948                                                          
          Wenning et al. (Wenning)  6,488,172  Dec.  3, 2002                                          
               Claims 10, 11 and 13 stand rejected under 35 U.S.C.                                    
          § 102(b)1 as being anticipated by Wenning.                                                  

                                                                                                      
               1 Because the Wennings patent issued less than one year prior to the filing of the application, we
          consider the rejection to under 35 U.S.C.                                                   
          § 102(e) rather than 102(b).                                                                


















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