Appeal No. 2002-2090
Application 08/430,311
In the paragraph bridging columns 5 and 6 of the Givens
patent, it is noted that the multitude of short-wire segments in
the fibrous concrete in combination with the very close spacing
of the wire segments restrain and hinder initiation and
propagation of cracks in the concrete matrix in which the wire
fibers are uniformly distributed randomly, but that the short-
wire elements or fibers “do not impart significant tensile
strength to the fibrous-concrete because of their own tensile
strength” (col. 6, lines 9-12). In column 6, lines 12-18, it is
indicated that the extremely close spacing of the wire elements
in the fibrous concrete (i.e., an average spacing of less than
0.3 inch) is of essence to providing significantly improved crack
resistance and that “[t]hrough restriction of the growth of
cracks the useful tensile strength, both ultimate and first-
crack, of fibrous concrete are increased significantly over that
of unreinforced concrete.” Givens further discloses in column 5,
lines 45-47, that the short wire segments or fibers are included
in the fibrous concrete “in an amount between 0.3 and 5.0 percent
by volume.”
According to the examiner, when the lower end of the range,
i.e., 0.3 percent volume of wire segments, is included in the
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