Ex Parte Reithmeyer et al - Page 5



            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).                                          
                                                                                                            

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