Ex Parte Daigger et al - Page 4

               Appeal 2007-3148                                                                             
               Application 10/638,885                                                                       
               extensions 56a and 56b do not extend around the perimeter of the body and                    
               so do not define an encircling lip (Br. 5).                                                  
                      We have considered Appellants’ arguments and are unpersuaded for                      
               the reasons below.                                                                           
                      Meyers discloses a trench drain system 20 (i.e., body) that includes a                
               U-shaped drain member 24 that has a three-dimensional outline with height,                   
               width and depth and defines a drainage channel 50 (i.e., open interior)                      
               (Meyers, Figures 1 and 2, col. 3, ll. 43-67).  Meyers further discloses that the             
               drainage channel 50 (i.e., open interior) is adapted to be positioned (i.e.,                 
               drain opening 27 with pipe connector flange 58 permits the U-shaped drain                    
               member to surround the pipe 42) so that the drainage channel 50 (i.e., open                  
               interior), via the pipe connector flange 58, surrounds the pipe 42 (i.e.,                    
               exposed floor drain) (Meyers, Figure 2; col. 4, ll. 64-67; col. 5, ll. 1-2).                 
                      Meyers further discloses that a plurality of nails 148 (i.e., ground                  
               securing fasteners) are engaged with the ground through base members 56a                     
               and 56b (i.e., lower-most extremities associated with said body) (Meyers                     
               Figure 12, col. 10, ll. 10-15).  Meyers’ trench drain system 20 (i.e., body)                 
               composed of U-shaped drain members 24 with the connector flange 58                           
               isolates the end of the pipe 42 (i.e., the floor drain) from the encircling and              
               poured concrete C, which adheres against exteriorly facing surfaces (i.e.,                   
               56a, 56b, 52a, 52b) of said body (Figures 1 and 2).                                          
                      Regarding claim 2, Meyers discloses that when the desired trench                      
               drain length is achieved, end caps 110 and 94 are placed on both ends of the                 
               trench drain system 20 (Meyers, col. 10, ll. 30-35).  Once the end caps 110                  
               and 94 are placed on the trench drain system 20, the base extensions 56a and                 
               56b form a closed and encircling lip as claimed.                                             

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