Ex parte NAGLE - Page 2




          Appeal No. 1999-0194                                                        
          Application No. 08/436,626                                                  



          bridge that extends transversely between the beams that                     
          support the deck of the bridge.  Bridge diaphragms resist, for              
          example, rotation of the longitudinal beams about their axes                
          when struck on their lower edges, for example, by an                        
          overheight truck (specification, page 3).  With reference to                
          appellant’s Figure 1, which illustrates the underside of a                  
          bridge, diaphragms 18a-18c and 20a-20c can be seen located                  
          between concrete I-beams 14a-14d.  At the time of appellant’s               
          invention it was known to use “cast-in-place” concrete bridge               
          diaphragms, that is, diaphragms that are made in forms placed               
          where the members are to remain when in service.  Appellant’s               
          invention pertains to “precast” concrete bridge diaphragms,                 
          i.e., diaphragms that “are manufactured in plants especially                
          equipped for such purpose and then moved into place on the                  
          bridge” (specification, page 4).                                            
               The appealed claims set forth appellant’s invention in a               
          variety of ways, some of which expressly call for a precast                 
          diaphragm and others of which do not.  For example, claim 1 is              
          directed to a precast concrete bridge-diaphragm and claim 11                
          is directed to a method of bridge construction comprising the               

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