Appeal 2007-1555 Application 09/900,442 The second issue is whether the proposed modification under 35 U.S.C. § 103(a) to Headrick would render Headrick unsatisfactory for its intended purpose by modifying Headrick to include a seal around the entirety of both sides and the bottom of the frame thereby causing the threshold caps to be sealed against communication with the tank and hence prevent the egress of water from the tank. FINDINGS OF FACT We find the following facts by a preponderance of the evidence: Headrick discloses the frame bottom comprising a threshold member 18 joined to the frame with an end cap corner key 36 positioned between the frame and the threshold member (Headrick col. 4, ll. 16-24, col. 5, ll. 1-2, Fig. 5). Headrick discloses a weather or snugger strip 31 positioned at the bottom of the frame and functions as a gasket that helps reduce seepage of rainwater and other moisture at the interface between the bottom frame member e.g., the threshold cap and the channel wall, thus reducing the amount of water that seeps or leaks into the channel 13 (Headrick col. 4, ll. 52-56). Headrick discloses the threshold member forming a gutter or tank 27 such that the threshold member can accumulate and drain environmental water out to the exterior of the frame (Headrick col. 5, ll. 29-40). 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013