Appeal 2007-1951
Application 10/392,140
1 Claim 10 is the only independent claim under appeal, and reads as
2 follows:
3 10. A sink comprising
4
5 a drawn one piece metal body defining a floor and an
6 upstanding wall extending peripherally of said floor; and
7
8 a peripheral metal frame welded to and extending upwardly
9 from said wall of said body.
10
11 The prior art relied upon by the Examiner in rejecting the claims on
12 appeal is:
13 Just US 2,456,065 Dec. 14, 1948
14 Wenning US 6,488,172 B1 Dec. 3, 2002
15
16 Appellants contend (Rehearing 1) that the Decision commits error in
17 the interpretation of the Wenning reference, and in the application of
18 Wenning to claim 10. Appellants further contend that the Decision commits
19 error in holding that the structure of claim 12 is met by the offset facing
20 tubular edges of the tubular element 14 of Wenning and the bottom 15, 16
21 and 17 which are welded in offset fashion. Specifically, Appellants contend
22 (Rehearing 2) that the Decision is in error in opining that "we find nothing in
23 the language of claim 12 that would preclude the facing edges of Wenning
24 from being offset welded." With regard to claim 10, Appellants assert
25 (Rehearing 3) that shell bottom 16 is not a floor because it forms the rear
26 wall of useful space 11. It is argued that there is no basis in law or fact to
27 support for finding that the orientation of the structure, in and of itself, does
28 not distinguish the claimed structure from Wenning.
29
2
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Last modified: September 9, 2013