Ex Parte ALLEN - Page 3




          Appeal No. 2002-2090                                                        
          Application 08/430,311                                                      


          On page 17 of the specification, appellant indicates that                   
          the invention being taught                                                  
          is a load bearing concrete panel structure which uses                       
          structural plain concrete for at least the upper portion of the             
          panel, which concrete has, in preferred embodiments, been                   
          specially formulated and installed in a manner to resist                    
          temperature change and concrete shrinkage cracking at the upper             
          surface, and which relies on flexural reinforcing materials, such           
          as standard flexural reinforcing bars, being confined to the                
          lower half of the panel to carry superimposed loads.                        


          Different practices envisioned by appellant for improving                   
          upper surface crack control are taught in the paragraph bridging            
          pages 19-20 of the specification.  On page 21, lines 18-21, it is           
          noted that “[i]n preferred embodiments, a minimum of                        
          reinforcement material, such as fiber or fabric may be disposed             
          in the panel, preferably in about the upper one-third to one-half           
          portion of the concrete layer to provide control of cracking due            
          to temperature change and concrete shrinkage.”                              


          Independent claims 57, 70, 72 and 74 are representative of                  
          the subject matter on appeal, and a copy of those claims is                 
          attached to this decision.                                                  





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