Appeal No. 2000-0516 Page 4
Application No. 08/935,609
desired degree of stiffness to the form panel, as well as placing the support struts at any specific
time during manufacturing, including after the inner and outer frame members have been
assembled to the flat concrete forming member (panel 15), would have constituted an obvious
expedient to one of ordinary skill in the art and the appellants do not challenge this contention
(see brief, page 4, line 1).
The sole issue in dispute in this appeal is whether the placement and welding of the
vertical stiffeners 17 to the shutter after the end vertical members 18 and horizontal stiffeners
16 have already been welded to one another and the panel 15 meets the method claim limitation
"retrofitting said support member to said preexisting concrete form . . ." (emphasis ours). The
examiner takes the position that a procedure of attaching the support member (vertical stiffener)
to a frame after the frame has been assembled, thus constituting a pre-existing form as recited in
the claim, meets this limitation (answer, page 4). The appellants cite the following dictionary
definition of "retrofit":
to furnish (as a computer, airplane, or building) with new parts or equipment not
available at the time of manufacture [Webster's Ninth New Collegiate Dictionary
(Merriam-Webster 1990)]
and urge that, even if the vertical stiffener were attached to the frame in a final step of
manufacture, this would not constitute "retrofitting . . ." as claimed (brief, page 4). We agree
with the appellants.
The term "retrofit" as customarily used refers to a procedure wherein updated
components or parts are provided, either as replacement parts or additional features, on a
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