Ex Parte Cody et al - Page 4




          Appeal No. 2002-2250                                                        
          Application No. 09/519,823                                                  

          bottom of the concrete mat are piles which correspond to the                
          tension/compression components recited in independent claims 1              
          and 8, as well as in independent claims 14, 18 and 20.  The                 
          examiner concedes (see pages 4 and 8 in the answer), however,               
          that these alleged piles do not respond to the bearing surface              
          limitations in claims 1 and 8, the corresponding anchoring means            
          limitations in claims 14 and 18 and spin fin limitation in claim            
          20, and the deep extension and related bearing, tension,                    
          compression, and/or resistance limitations in claims 1, 8, 14, 18           
          and 20.  To cure these admitted shortcomings in Lejeck, the                 
          examiner turns to Thornley.                                                 
               Thornley discloses a method and apparatus for adjusting the            
          vertical position of massive structures, such as large buildings,           
          to accommodate soil settlement.  Sidewalks, sewer systems, water            
          systems, and small buildings supported on or in settling soil               
          move downwardly therewith, but larger buildings and more massive            
          structures supported on piles extending deeply to firmer soil               
          strata do not, and thus eventually become elevated relative to              
          the surface of the settling soil (see Thornley at column 1, lines           
          21 through 46).  To overcome this problem, Thornley proposes a              
          building having a foundation rigidly mounted on piles and a                 
          superstructure which is capable of being lowered relative to the            


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