Appeal No. 2002-2090
Application 08/430,311
the dependancy of the claims can be changed subsequent to this
appeal. For purposes of this appeal, we have assumed that claims
65 and 66 would properly depend from claim 63.
Regarding the examiner’s rejection of claims 57 through 63,
65, 66 and 69 through 78 under 35 U.S.C. § 102(b) as being
anticipated by Givens, we note that independent claim 57 defines
a load bearing concrete panel structure designed to be supported
between at least a pair of separated support members, wherein the
panel structure is produced from a shrinkage and temperature
resistant concrete composition and the upper half of the panel
structure which is designed to come into contact with loads
consists essentially of plain concrete, said plain concrete
being a structural concrete in which said plain concrete
carries all the flexural tensile stresses and which said
plain concrete is characterized as a structural concrete
whose maximum flexural strength is attained at the cracking
load thereof, said plain concrete having a tensile strength
less than about 750 pounds per square inch.
Claim 57 also recites that the upper half of the concrete panel
structure, intermediate the two furthest separated support
members, is “free of flexural reinforcing means for carrying
bending moment tension stresses in said panel structure” and that
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