Appeal No. 96-1293
Application 07/998,673
The last of the examiner's rejections for our
consideration is that of claim 13 under 35 U.S.C. § 103 as being
unpatentable over the collective teachings of Ziegelman, Patena
and Misawa. The structure defined in claim 13 on appeal is found
in Figure 15 of appellant's drawings and relates to the elongate
bolts (20) and the wooden blocks (22) seen therein which are used
to attach a concrete slab or patio to the building structure.
Suffice it to say that there is absolutely nothing in the applied
references which in any way whatsoever discloses or suggests the
subject matter of claim 13 on appeal. The examiner's reference
to the terrace (19b) of Misawa is entirely unavailing, and the
examiner's rejection of claim 13 under 35 U.S.C. § 103 will not
be sustained. We note however that given appellant's disclosure
(at page 19), it is difficult to see how the concrete slab or
patio set forth in claim 13 can be considered to be part of the
"pre-assembled, relocatable building structure" as defined in
claim 1 on appeal. The examiner may wish to inquire about this
issue in any further prosecution of the application.
To summarize our decision:
12
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