Appeal 2007-3148
Application 10/638,885
5,529,436) in light of our discussion regarding the construction of claim 7
and Meyers’ disclosure below.
Dependent claim 7 broadly recites: “said body exhibiting a specified
shape and size and including an upwardly directed and inwardly angled
taper.” Claim 7 does not require that the sides or any other particular piece
of the form assembly body have an “upwardly directed and inwardly angled
taper.” Accordingly, we construe claim 7 as only requiring that an
“upwardly directed and inwardly angled taper” be present somewhere on the
“body.”
As noted above in our discussion of claim 1, Meyers discloses all that
is claimed in independent claim 1. Meyers further discloses that end caps 94
and 110 have triangular-shaped gussets 109 that appear to have an
“upwardly directed and inwardly angled taper” (Meyers, col. 7, ll. 24-26,
Figures 2, 6, and 7). Accordingly, when the trench drain system 20 (i.e.,
body) is assembled and the end caps are placed on the drain units 22, the
assembled trench drain system 20 (i.e., body) including the gussets 109
appears to have “an upwardly directed and inwardly angled taper” as recited
in claim 7. Therefore, in view of our construction of claim 7, it appears that
Meyers’ disclosure anticipates claim 7.
Regardless of whether Meyers’ trench drain system 20 (i.e., body) is
interpreted as having or not having an upwardly directed and inwardly
angled taper, it appears that a rejection under § 103(a) may be appropriate,
The upwardly directed and inwardly angled taper is disclosed by Appellants
as being part of the sides of the body (Specification 6: 11-13). The inwardly
angled taper appears to provide a means for the concrete to cover the sides
of the form and prevent the form from being removed from the concrete.
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