Appeal No. 2002-2090
Application 08/430,311
substantially less than the minimum amount of reinforcing
necessary in the upper half to meet the requirements for
‘reinforced concrete’.’ (emphasis added)(page 33, lines
18-21)
Based on the foregoing and other comments made on pages 5
through 7 of the answer, the examiner concludes that the concrete
panel structure defined in appellant’s claims on appeal does not
distinguish from the concrete panel structure of Givens, when the
upper layer in Givens bridge deck panel has a wire fiber content
of 0.3 percent by volume.
On pages 7-8 of the answer, the examiner specifically
addresses the requirement in claim 57 that the plain concrete
have “a tensile strength less than about 750 pounds per square
inch.” It is apparent that the examiner’s position regarding
anticipation of claim 57 by Givens, and the other claims so
rejected, relies on inherency, i.e, the examiner has apparently
concluded that a load bearing concrete panel structure like that
in Givens having 0.3% by volume wire fibers; with said wire
fibers being 0.5 inches long and 0.006 inches in diameter; with
an average wire spacing of 0.5 inch, would inherently provide a
10
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