Ex parte IRVING - Page 6




                 Appeal No. 98-1460                                                                                       Page 6                        
                 Application No. 08/615,820                                                                                                             


                 Brightwell and Keller) discloses or suggests the use of                                                                                
                 oriented strand lumber  (OSL) as an I-beam flange material.3                                                                                              
                 We agree.  In addition, we agree with the appellant's                                                                                  
                 rationale set forth on pages 10-13 of the brief and pages 4-6                                                                          
                 of the specification as to why an artisan would not have used                                                                          
                 oriented strand lumber (OSL) as the flange material in any of                                                                          
                 the I-beams of Scarlett, Onysko, or Brightwell.                                                                                        


                          In response to this argument of the appellant the                                                                             
                 examiner states (answer, p. 5) that                                                                                                    
                          Scarlett, Brightwell, and Onysko et al. teach utilization                                                                     
                          of "oriented strand lumber" as chord [flange] members as                                                                      
                          at col. 4, lines 23-25 of Scarlett or col. 3, lines 31-34                                                                     
                          of Brightwell or col. 6, lines 29-33 of Onysko et al.                                                                         



                          We have reviewed the entire disclosures of Scarlett,                                                                          
                 Brightwell and Onysko, especially those passages cited by the                                                                          
                 examiner, and fail to find any disclosure or suggestion                                                                                
                 therein to use oriented strand lumber (OSL) as an I-beam                                                                               

                          3The meaning of oriented strand lumber and the                                                                                
                 differences between oriented strand lumber and other types of                                                                          
                 engineered lumber are set forth on pages 3-4 of the                                                                                    
                 appellant's specification.                                                                                                             







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