Ex parte ZOUGHI et al. - Page 9

          Appeal No. 95-3140                                                          
          Application No. 08/058,453                                                  

          be determined, and that a strength related value for the                    
          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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