Ex parte KUCIRKA - Page 5




          Appeal No. 97-4177                                                          
          Application No.  08/502,276                                                 

          references.  See Uniroyal, Inc. v. Rudkin-Wiley Corp., 837                  
          F.2d 1044, 1051, 5 USPQ2d 1434, 1438 (Fed. Cir. 1988) and                   
          Interconnect Planning Corp. v. Feil, 774 F.2d 1132, 1142-43,                
          227 USPQ 543, 550-51 (Fed. Cir. 1985).  Here, we find no such               
          suggestion.                                                                 
               Powell, while teaching the use of flexible strapping                   
          material as bridging between joists, teaches that the                       
          procedure for using such material is to: (1) first, provide an              
          indeterminate length of such material, (2) second, fasten one               
          end of the strapping material to one of the joists, (3) third,              
          thread the other or free end of the strapping material "over                
          and under" the joists (page 1, line 54), (4) fourth, place the              
          entire length of strapping material under a predetermined                   
          tension by engaging the other or free end with a tensioning                 
          tool 4,5,6 and (5) fifth, nail the strapping material to the                
          tops and bottoms of the joists.  Paine, while teaching that                 
          the bridging between adjacent joists may be formed by two                   
          bracing members c,c which are adjustably connected together                 
          (see Fig. 3), provides no teaching or suggestion of tensioning              
          these members.  RAPZ is not concerned with providing bridging               
          between joists but, instead, merely teaches the joining                     

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007