Ex Parte Ball - Page 2



           Appeal No. 2006-2338                                          Page 2                  
           Application No. 10/326,449                                                               
                                         BACKGROUND                                                 
                 The appellant's invention relates to an overflow system for a bathtub and a        
           method of sealing an overflow fluid port of a bathtub for testing for leaks.  Claim      
           4, reproduced below, is representative of the subject matter on appeal.  A copy of       
           all of the claims on appeal can be found in the appendix to the appellant’s brief.       
                 4. An overflow system for a bathtub which has a bottom, and                        
                       adjacent side and endwalls, a drain port in the bottom, and                  
                       overflow port in an endwall, with said overflow port being in                
                       communication with a vent pipe, comprising:                                  
                             a drain pipe adapted to be in communication with said                  
                       drain port and said overflow port,                                           
                             said drain pipe having an inverted L-shape, including a                
                       horizontal leg extending into and through the overflow port of               
                       the bathtub and terminating with a flat perimeter edge, and a                
                       vertical leg extending downwardly for connection to a fluid                  
                       drain system,                                                                
                             and an expandable plug having a resilient washer with a                
                       smooth and continuous outer perimeter that is removably                      
                       positioned in the interior of the horizontal leg and expanded to             
                       frictionally seal the horizontal leg against fluid flow.                     











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