Appeal No. 96-3404
Application 08/145,775
well settled that features not claimed may not be relied upon
in support of patentability. In re Self, 671 F.2d 1344, 1348,
213 USPQ 1, 5 (CCPA 1982).
As to the appellant’s contention that Waters does not
disclose “solid imperforate planar faces,” Waters states that:
Artificial barrier reefs are in use in many
areas and they are typically made up of a plurality
of erosion protection units collected together to
form a mass. The erosion protection units are
typically solid concrete members. Many different
shapes of erosion protection units are produced but
the most common shapes used are tetrapod and
quadrapods which are illustrated in FIG. 1 of the
accompanying drawings.
Tetrahedral solid
blocks and hollow tetrahedral blocks are also
produced. [Column 1, lines 8-17; emphasis ours.]
Waters thereafter states that member 5 depicted in the prior
art FIG. 1C is a “solid tetrahedron.” Inasmuch as this prior
art tetrahedron is “solid” and formed of concrete, we are of
the
opinion that Waters teaches “solid imperforate planar faces”
as claimed. Although the appellant has referred to the sides
of Waters’ sides has being “indented,” we are at a loss to
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