Appeal No. 96-3404 Application 08/145,775 8. A method for forming an artificial reef module out of waste material, including concrete not utilized and returned from a job site by a concrete carrier vehicle, and tire chips, comprising the steps of: forming at least one mold, having a plurality of outstanding triangular walls, admixing at least 25% by volume of the interior portion of said mold with tire chips and spent concrete, and pouring said admixture into the concrete mold, whereby when the concrete mixture sets, the artificial reef module may be removed. The references relied on by the examiner are: Leeds et al. (Leeds) 1,812,300 Jun. 30, 1931 Harza 2,344,302 Mar. 14, 1944 Danel et al. (Danel) 2,766,592 Oct. 16, 1956 Viner 3,786,997 Jan. 22, 1974 Creter, Jr. et al. (Creter) 4,502,816 Mar. 05, 1985 Kiselewski 4,997,309 Mar. 05, 1991 Waters 5,080,526 Jan. 14, 1992 (filed May 16, 1989(PCT)) Martin 5,229,051 Jul. 20, 1993 (parent filed Sep. 15, 1989) Claims 1, 2, 11 and 12 stand rejected under the judicially created doctrine of obviousness-type double patenting. Claim 1 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Waters. Claim 2 stands rejected under 35 U.S.C. § 103 as being 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007