Appeal No. 1998-0784 Page 7
Application No. 07/949,567
As all the other claims on appeal depend from claim 1, we conclude that the Examiner
has failed to establish a prima facie case of obviousness with respect to the subject matter of
claims 1, 4-9, 14, 16-18, and 24.
OTHER ISSUES
The language used on line 9 of claim 1 appears to be inaccurate. It appears that “finished
product” is meant to read “finished base plate” as that is the language used in the specification at
page 7, line 32 and “product” is used in the preamble of the claim to refer to the concrete article
formed and not to the base plate. We trust that the Appellant and Examiner will resolve
inconsistency in the claim.
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