Ex parte COHEN et al. - Page 7




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


                         The prefabricated unit 30 is then conveyed                   
                    to the building site by the truck 26 where it is                  
                    lifted into position by means of a crane 32 (see                  
                    FIG. 3) onto the building foundation 33 [column                   
                    3, lines 27 through 60].                                          
               In applying Biffis to support the obviousness rejection                
          of independent claims 1, 27 and 39 (see pages 4 and 5 in the                
          answer), the examiner finds correspondence between the                      
          subassembly production lines recited in the claims and Biffis’              
          basic construction area 16 and storage bays 18, and between                 
          the dwelling assembly alley recited in the claims and Biffis’               
          parallel production lines 11 and 12 and railway tracks 14 and               
          15.  These findings are untenable inasmuch as the foregoing                 
          elements                                                                    
          in the Biffis facility simply do not constitute subassembly                 
          production lines and an associated dwelling assembly alley as               
          recited in claims 1, 27 and 39.  The examiner’s ambiguous and               
          unsubstantiated references to well known plant layouts, common              
          sense and industrial engineering concepts (see pages 6 and 11               
          in the answer) afford no cure for these shortcomings.                       
               Rizk, the examiner’s secondary reference, discloses a                  
          plant (see Figure 6) for producing building modules which “are              
          transported to a proposed building site where they are set in               

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