Ex Parte MEERKERK - Page 4




          Appeal No. 2004-0941                                                        
          Application No. 09/180,901                                                  


          the respective viewpoints of appellant and the examiner.  As a              
          consequence of our review, we make the determinations which                 
          follow.                                                                     


                                       Claim 9                                        


               We do not sustain the rejection of claim 9 under 35 U.S.C.             
          § 103(a) as being unpatentable over Manent in view of Shindo and            
          Steiner.  It follows that the rejection of claim 13 is likewise             
          not sustained since it stands or falls with claim 9 as earlier              
          indicated.3                                                                 


               Claim 9 is drawn to revetment for a water-retaining                    
          structure comprising, inter alia, elements, wherein one                     
          transverse face of each element is made a concave shape and the             
          other transverse face is made a corresponding convex shape, at              

               2(...continued)                                                        
          only the specific teachings, but also the inferences which one              
          skilled in the art would reasonably have been expected to draw              
          from the disclosure.  See In re Preda, 401 F.2d 825, 826, 159               
          USPQ 342, 344 (CCPA 1968).                                                  

               3 We also do not sustain the rejection of claim 16                     
          since it stands or falls with claim 9 as specified, supra. We               
          only add the comment that the Scheiwiller reference does not                
          overcome the deficiency of the other applied teachings.                     
                                          4                                           





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