Ex parte KEENAN - Page 9




          Appeal No. 1998-1716                                       Page 9           
          Application No. 08/526,942                                                  


          orientation wherein the pilasters 126, 128 which are formed at              
          each side of the planar body 130 are located at the sides of                
          the vertical mold assembly.  Absent the use of impermissible                
          hindsight, the secondary references would not have suggested                
          vertically casting Myers' wall section in an orientation                    
          wherein the pilasters 126, 128 are located at the top and                   
          bottom of the vertical mold assembly.  All the claims under                 
          appeal require the vertical mold assembly to have a lower                   
          first section and an enlarged top section.  It is our                       
          determination that the claimed enlarged top section of the                  
          vertical mold assembly is not suggested by the applied prior                
          art.  Accordingly, the decision of the examiner to reject                   
          claims 16, 17 and 21-26 under 35 U.S.C. § 103 is reversed.                  


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