Ex parte COHEN et al. - Page 3




          Appeal No. 2000-0076                                                        
          Application 08/970,231                                                      


               The items relied on by the examiner as evidence of                     
          obviousness are:                                                            
          Rizk                 4,546,530                Oct. 15, 1985                 
          Biffis et al.        5,402,618                Apr.  4, 1995                 
          (Biffis)                                                                    


          “Multi-Story Spacesetter Building Systems,” Chief Industries                
          brochure, 1986                                                              
          “Extending the Limits of Functional Buildings,” Chief                       
          Industries brochure, 1992                                                   

               The items relied upon by the appellants as evidence of                 
          non-obviousness are:1                                                       
               The 37 CFR § 1.132 Declaration of Randal A. Parsley                    
               filed July 9, 1998 (Paper No. 21)                                      

               The 37 CFR § 1.132 Declaration of Garry D. Myers                       
               filed July 9, 1998 (Paper No. 21)                                      

                                   THE REJECTIONS                                     
               Claims 12, 17 through 20, 23 and 28 through 38 stand                   
          rejected under 35 U.S.C. § 112, second paragraph, as failing                



               1The record also contains a 37 CFR § 1.132 Declaration of David L. Cohen filed
          May 27, 1997 (Paper No. 13) which the appellants have not chosen to rely on in this
          appeal.                                                                     
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