Appeal No. 96-4039
Application 08/247,306
orientation of the planar alignment
(horizontal for a floor or vertical for a
wall) is inconsequential as to the teaching
of the parallel plates of the fixture being
provided with
sufficient strength to properly maintain the
panels. For example, in both cases of a
horizontal floor plywood form and a vertical
wall foam form, the pair of parallel plates
of the fixture or tie engaging the form
panels must maintain the alignment of the
form panels against forces perpendicular
thereto created by the concrete.
After fully considering the record in light of the
arguments presented in appellants’ brief and reply brief, and in
the examiner’s answer, we conclude that it would not have been
obvious in view of Andersen to modify the tie of Mason to include
vane shelves as recited in claim 6. While the examiner contends
that the motivation for doing so would have been to provide a
stronger connection between Mason’s end and inside plates, we
find no disclosure in Andersen that the provision of a second web
17 strengthens the connection between plates 14 and 15. Any such
strengthening would be incidental at most; the reason Andersen
provides two webs 16, 17 is so that there will be four pockets 18
to 21 for the corners of four plywood panels. While adding a
horizontal web between the inner and end plates of the Mason tie
4
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Last modified: November 3, 2007