Appeal No. 1998-0122
Application No. 08/548,365
matter prima facie obvious. We agree with appellant, that
both of these references are directed to stabilizing soils or
materials composed of fine particles. Indeed, the disclosure
of Yamamoto is directed to materials fine enough to be placed
hydraulically. Thus, when Yamamoto discusses emplacing
crushed stone, as pointed out by the examiner, it is our
interpretation that Yamamoto is referring to crushed stones of
similar diameter to that of sand or soil that can be jetted
into place and not stones of graeter diameter than the
fabric's apertures as specified in the independent claim on
appeal.
We have further considered the teachings of the
additional Bach' 543 patent but find no disclosure therein
that when combined with the Bach and Yamamoto teachings with
regard to claim 8 would have rendered claim 14 prima facie
obvious. Since we have found that, by appellant's argument
and by the express language of the claim, the cell structure
subject matter herein claimed is directed to a cell structure
for use with stones, we have reversed the examiner's
rejections on appeal.
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