Ex parte MCCLINTON - Page 11




          Appeal No. 97-1445                                         Page 11           
          Application No. 08/202,254                                                   


          increase the rigidity of the wall" (answer, page 5).  We agree               
          with the examiner.  In our opinion, the teachings of Gillet                  
          would have suggested to one of ordinary skill in the art at                  
          the time of appellant's invention the provision of structure                 
          on the building blocks of Kaplan for receiving horizontally                  
          placed reinforcement rods to further reinforce the wall in                   
          applications where additional reinforcement is deemed                        
          necessary.                                                                   


               The appellant argues that Gillet does not suggest joining               
          the building blocks with mortar and thus does not overcome the               
          alleged deficiencies of Kaplan (brief, page 11).  We do not                  
          find this argument persuasive because, as discussed above, it                
          is our opinion that the claims require only that the blocks be               
          capable of being joined with mortar and that the blocks of                   
          Kaplan meet this limitation.                                                 
               The appellant further argues that "the blocks suggested                 
          by Gillet must be carefully arranged relative to each other so               
          as to form a desired angle" as distinguished from the blocks                 
          of the appellant's invention, which have angled side faces                   
          which will ensure the proper alignment (brief, page 11).  This               







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