Ex parte MOSTKOFF - Page 3




          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                 
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