Appeal No. 1998-0122
Application No. 08/548,365
the diameter of the apertures such that the stones
become lodged in the apertures and thereby increase
the load bearing capacity of the structure. (Brief
page 4 (pages are unnumbered by the
appellant)(emphasis supplied).
Turning to claim 8, we note that the preamble thereof, directs
the claim to a cell structure "for use in combination with
confinement material of stones." The examiner has interpreted
this limitation as simply a use limitation and does not
consider the claim to be directed to a specific geotechnical
cellular structure of utility expressly for stone, but rather
as a structure of general utility for any fill material.
However, in the body of the claim, we note the limitation that
the stones are of sizes "to permit said stones filling said
cells to become lodged in said apertures." In our view, this
recitation in the body of the claim breathes life and meaning
into the preambular recitation of a cell structure for use in
combination with confinement material of stones. Accordingly,
we interpret the claim as directed to a cellular structure
expressly for use with stone or rock.
Interpreted in this light, it is apparent that both the
primary reference to Bach '309 and the secondary reference to
Yamamoto, if combined would not render the claimed subject
4
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