Ex parte GOTO - Page 4




                 Appeal No. 97-4084                                                                                                                     
                 Application 08/330,672                                                                                                                 



                                   in the embedded concrete (Examiner's An-                                                                             
                                   swer,     page 5).                                                                                                   


                                                                     OPINION                                                                            
                                   We have carefully reviewed the prior art in light of                                                                 
                 the arguments of the appellant and the examiner.  As a result                                                                          
                 of this review, we have reached the determination that the                                                                             
                 applied prior art does not establish a prima facie case of                                                                             
                 obviousness with respect to the claims on appeal.  Therefore,                                                                          
                 the obvious- ness rejection of the claims on appeal will be                                                                            
                 reversed.                                                                                                                              





                                   Before we begin our obviousness analysis, we raise                                                                   
                 the issue of claim construction.  We construe the claim limi-                                                                          
                 tation of "two or more materials" consistent with the specifi-                                                                         
                 cation as calling for two or more differing materials.  See,                                                                           
                 for example, specification at page 11, lines 3-10.2                                                                                    

                          2Given our construction of the independent claim as                                                                           
                 calling for two or more differing materials, we have construed                                                                         
                                                                           4                                                                            





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