Ex Parte Daigger et al - Page 2

               Appeal 2007-3148                                                                             
               Application 10/638,885                                                                       
               which, prior to pouring the concrete, is secured over a rough-in area in                     
               which a plumbing drain line is located (Specification 1:5-9).  The form                      
               assembly isolates the upwardly angled drain line from the encircling cement                  
               and prevents the concrete from encroaching within the rough-in area                          
               (Specification 1:9-11).                                                                      
                      Claims 1, 2, 6, and 7 are illustrative:                                               
                      1. A form assembly for use with a rough-in floor drain line, the drain                
               line extending in exposed fashion from a ground location prior to the                        
               pouring of a concrete aggregate, said form assembly comprising:                              
                      a body exhibiting a three-dimensional outline with a height, width and                
               depth and which defines an open interior, said body adapted to being                         
               positioned so that said open interior surrounds the exposed floor drain line                 
               and said body defines a perimeter about said open interior; and                              
                      a plurality of ground securing fasteners, engaged through lower-most                  
               extremities associated with said body, and in order to secure said body upon                 
               the ground location;                                                                         
                      said body isolating the floor drain line from the encircling and poured               
               concrete adhering against exteriorly facing services associated with said                    
               body.                                                                                        

                      2. The form assembly as described in claim 1, said lower-most                         
               extremity of said body further comprising an extending and encircling lip.                   
                      6. The form assembly as described in claim 1, said body having a                      
               specified shape and size and further comprising a volume of sand aggregate                   
               adapted to being filled into said open interior prior to the poured concrete.                
                      7. The form assembly as described in claim 1, said body exhibiting a                  
               specified shape and size and including an upwardly directed and inwardly                     
               angled taper.                                                                                
                                                                                                           


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