Ex Parte CHURCHES et al - Page 5



          Appeal No. 2004-1798                                                        
          Application 08/883,387                                                      


                    (8)  the vertical support plane of each shearwall is              
                         aligned substantially normal to the foundation;              
                    (9)  the central shearwall is coupled proximate the               
                         first side edge to the first end shearwall;                  
                    (10) the central shearwall is coupled proximate its               
                         second side edge to the second end shearwall; and            
                    (11) the central rectangular shearwall, the first                 
                         rectangular end shearwall and the second                     
                         rectangular end shearwall in cooperation provide             
                         all necessary lateral support for the building and           
                         all necessary vertical support for the floors of             
                         the building; and                                            
               (c)  at least one vertically self-supporting exterior wall             
                    that is vertically self-supporting along a vertical               
                    support plane, the vertically self-supporting exterior            
                    wall including a top vertical wall edge, a bottom                 
                    vertical wall edge, and two opposing vertical wall side           
                    edges, the vertical wall edges defining first and                 
                    second vertical wall opposing faces, and the vertically           
                    self-supporting exterior wall coupled to the foundation           
                    and coupled to the supporting framework, wherein the              
                    supporting framework provides all necessary lateral               
                    support for the vertically self-supporting exterior               
                    wall.                                                             

          In the rejection of claims 27 through 29, 31 through 33                     
          and 46 under 35 U.S.C. § 102(b), the examiner urges (answer,                
          pages 3-5) that Livingston discloses a multi-story building                 
          construction (e.g., Fig. 6) comprising:  a supporting framework             
          inherently coupled to a foundation (Fig. 22), the supporting                
          framework including                                                         
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