Ex Parte Honein - Page 3



               Appeal 2007-1934                                                                             
               Application 09/993,443                                                                       
           1   of wooden boards.  Holes are drilled transversely through the stack of                       
           2   wooden boards and then the pin press embeds at least three spaced apart                      
           3   helical shaped pins transversely through the opposing edge.  Although                        
           4   independent claim 11 does not so specify, independent claim 14 further                       
           5   requires that the wood grains of the wooden boards alternate.                                
           6          B.  Issue                                                                             
           7          The issue is whether Applicant has shown that the Examiner erred in                   
           8   determining claims 11-16 to be unpatentable under 35 U.S.C. § 103(a) over                    
           9   the prior art.                                                                               
          10          C.  Findings of fact (“FF”)                                                           
          11          The record supports the following findings of fact as well as any other               
          12   findings of fact set forth in this opinion by at least a preponderance of the                
          13   evidence.                                                                                    
          14          1.  Applicants’ claims 11-16 are the subject of this appeal.                          
          15          2.  Claims 11 and 14 are as follows:                                                  
          16          11.  A method for forming a scaffolding plank from two or more                        
          17          wooden boards, comprising:                                                            
          18                positioning a plurality of wooden boards in side to side                        
          19          abutment, each of said wooden boards including two sides and a                        
          20          lengthwise direction, each of said sides being flat and having a height               
          21          and said height being the smallest dimension of said wooden boards;                   
          22                compressing said plurality of wooden boards vertically so that                  
                                                                                                            
               March 2004 Rejection” is herein referred to as the “Rejection.”                              
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