Appeal No. 96-2779
Application 08/151,944
pattern impressing step inherently takes place “immediately
subsequent” to smoothing the concrete surface. Rather,
Moorhead’s disclosure at column 4, lines 52-54 (the concrete
is floated and troweled and then maintained in this state
until impressed) and column 2, line 54 (the concrete is in a
semi-plastic state prior to being impressed) suggest that a
period of time elapses between the smoothing and impressing
steps.
We also will not sustain the standing § 103 rejection of
independent apparatus claim 14 as being unpatentable over
Brown in view of Moorhead. Claim 14 requires that the
apparatus thereof includes “means for smoothing the compliant
ground . . . along the extended area immediately ahead of the
impressing means.” As noted in the previous paragraph, it is
not inherent in Moorhead that smoothing the concrete take
place immediately subsequent to impressing the pattern
therein. Likewise, Moorhead does not teach, suggest or infer
that the pattern forming apparatus should include as a part
thereof a means for smoothing the concrete in the area
immediately ahead of the roller 16. The examiner has not
explained, and it is not apparent to us, why in combining the
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