Ex parte KARIM-PANAHI et al. - Page 3




            Appeal No. 1999-1050                                                          Page 3              
            Application No. 08/440,458                                                                        


                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to the        
            appellants' specification and claims, the applied prior art references, the respective            
            positions articulated by the appellants and the examiner, and the guidance provided by our        
            reviewing court.  As a consequence of our review, we make the determinations which                
            follow.                                                                                           
                               The Rejections on the Basis of Csák and Buckle                                 
                   Independent claim 1 is directed to a method of mitigating seismic forces on a              
            structure during a seismic event.  Among the steps of the method is providing a damped            
            support system for the structure comprising a plurality of support piers surrounded by at         
            least two layers of reinforced concrete on either side of at least one layer of an elastomer,     
                   wherein said elastomer is engineered to include thermal diffusion and                      
                   damping properties determined as a function of properties of the structure                 
                   and as a function of an expected seismic event frequency spectrum                          
                   (emphasis added).                                                                          
            Csák and Buckle both are directed to shock absorption systems for buildings.  In the              
            course of the explanation of the rejection, the examiner acknowledged that neither                
            reference taught the step recited above, but took the position that it would have been            
            obvious to one of ordinary skill in the art                                                       
                   to choose an elastomer layer with damping properties . . . selected as a                   
                   function of the characteristics of the structure and as a function of a seismic            
                   frequency since it was known in the art that support systems are constructed               








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