Ex Parte Gunthardt - Page 2



          Appeal No. 2004-1542                                                        
          Application No. 09/640,335                                                  

          weather patterns and use the forces to bias the units toward the            
          supporting surface and in a selected direction to increase                  
          stability of the architecture.                                              
                                   THE REJECTIONS                                     
               Claims 1, 3 through 6, 8 through 11 and 13 through 17 stand            
          rejected under 35 U.S.C. § 102(b) as being anticipated by U.S.              
          Patent No. 3,331,168 to Frey.                                               
               Claims 2, 7, 12, 18 through 20 and 28 stand rejected under             
          35 U.S.C. § 103(a) as being unpatentable over Frey.                         
               Attention is directed to the main and reply briefs (Paper              
          Nos. 14 and 16) and the answer (Paper No. 15) for the respective            
          positions of the appellant and the examiner regarding the merits            
          of these rejections.                                                        
                                     DISCUSSION                                       
               Frey discloses a multiple unit building which is described             
          in the reference as follows:                                                
               Referring now in detail to the drawings, the                           
               building illustrated therein includes a double walled                  
               service column having inner and outer walls 10 and 12                  
               respectively with a plurality of floor elements 14                     
               mounted therebetween at various levels in the tower.                   
               An elevator shaft 16 (FIG. 2) is provided within the                   
               wall 10 and has access doors 18 at the levels of the                   
               various floor elements 14.  A stair well 20 is also                    
               provided in the service tower inside the wall 10 as is                 
               a vertical chute 22 in which service facilities (not                   
               shown) are mounted for providing water, electricity,                   
               gas, and sewage outlets at each floor level of the                     
               tower.                                                                 

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