The opinion in support of the decision being entered today is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DANIEL J. DAIGGER, RODNEY K. MOORE,
and MARLOW G. CLARK
____________
Appeal 2007-3148
Application 10/638,885
Technology Center 3600
____________
Decided: September 26, 2007
____________
Before BRADLEY R. GARRIS, PETER F. KRATZ, and
LINDA M. GAUDETTE, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134 the final rejection of claims
1-9. We have jurisdiction over the appeal pursuant to 35 U.S.C. § 6(b).
We AFFIRM-IN-PART and REMAND.
INTRODUCTION
Appellants claim a form assembly for use with a rough-in floor drain
line (claim 1). The form assembly includes a molded plasticized form
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