Ex parte CURRY - Page 5




          Appeal No. 96-1293                                                          
          Application 07/998,673                                                      



          As a consequence of our review, we have come to the conclusions             
          which follow.                                                               


                    Looking to the examiner's rejection of claim 1 under              
          35 U.S.C. § 103, we note that appellant has urged in the brief              
          that it would not have been obvious to one of ordinary skill in             
          the art at the time of appellant's invention to provide the pads            
          (28) of Ziegelman with holes through which bolts set in a                   
          foundation can be inserted.  We do not agree.                               


                    Like the examiner, we consider that when the collective           
          teachings of Ziegelman and Patena are viewed from the perspective           
          of the person of ordinary skill in the art at the time of                   
          appellant's invention, it would have been obvious to such person            
          to provide holes in the flat steel pads (28) of Ziegelman so as             
          to facilitate the mounting of the prefabricated building                    
          structure therein on a foundation like that taught and suggested            
          in Patena (e.g., in Figure 8).  While it is true that Ziegelman             
          expressly notes that the pads (28) are provided to raise the                
          structure above the surface level of the ground "so that the site           
          need not be prepared for the structure in any special manner"               
          (col. 3, lines 66-69), we observe that such statement does not              
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