Appeal No. 1997-2071
Application No. 08/336,529
Morrison (Morrison ‘556) 3,959,556 May 25, 1976
Morrison (Morrison ‘853) 4,343,853 Aug. 10, 1982
This merits panel of the Board cites and discusses the
following two references of record:
Smith et al. (Smith) 4,961,790 Oct. 9,
1990
Valle et al. (Valle) 5,203,629 Apr. 20,
1993
All of the appealed claims stand rejected under 35 U.S.C.
§ 103 as unpatentable over Zonsveld in view of Morrison ‘556
(Answer, page 3) or Goldfein in view of Morrison ‘853 (Answer,
page 4). We reverse both of the examiner’s rejections and
remand this application to the examiner for reasons which
follow.
OPINION
A. The Rejections under 35 U.S.C. § 103
The examiner finds that Zonsveld discloses products with
improved strength made of concrete with polymeric fibers used
for reinforcement (Answer, page 4). Similarly, the examiner
applies Goldfein for the disclosure of a concrete product with
a plurality of fibers uniformly distributed throughout the
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