Appeal No. 1997-2071
Application No. 08/336,529
B. Remand
This application is being remanded to the examiner for
appropriate action. The examiner should determine the scope
of the claimed subject matter, especially claims 1, 43 and 44,
directed to the reinforced concrete product, and compare the
claimed subject matter with the disclosure and teachings of
Smith and Valle, previously made of record. The examiner
should also note the product-by-process form of claims 43 and
44 and the lesser burden of proof needed to establish a prima
facie case of obviousness. See In re Fitzgerald, 619 F.2d 67,
70, 205 USPQ 594, 596 (CCPA 1980); In re Fessman, 489 F.2d
742, 744, 180 USPQ 324, 326 (CCPA 1974).
Smith discloses that compositions of fiber reinforcement
and hydraulic cement are well known (column 1, lines 21-26;
see also Brief, page 5). Smith further teaches the addition
of admixtures to these well known compositions, with an
admixture used to modify the properties of the concrete in
such a way to make it more suitable for a particular purpose
(column 1, lines 26-28). Smith teaches that fungicidal,
germicidal and insecticidal admixtures can be used in
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