Appeal No. 95-3140
Application No. 08/058,453
be determined, and that a strength related value for the
concrete
be determined using the difference magnitude. None of these
limitations are to be found in Rzepecka and it has not been
specifically shown that appellants are simply normalizing
Rzepecka's data as apparently contended by the examiner.
Appellants' argument that the claims are directed to
determining a concrete strength related parameter when the
concrete being tested has unknown water and cement proportions
whereas the teachings of the reference rely on knowing or
having information concerning those proportions has not been
addressed by the examiner. Even assuming that normalization
of data would have been obvious in Rzepecka, the reference is
not concerned with the testing of concrete having unknown
water and cement proportions and the examiner has not provided
a reason why one
of ordinary skill in the art would have been led to modify the
reference to test such concrete in the manner claimed by
appellants. The reference teaches away from the concept of
testing concrete of unknown water to cement proportions by
indicating that knowledge of all factors relating to the
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