Appeal No. 1999-1050 Page 3 Application No. 08/440,458 OPINION In reaching our decision in this appeal, we have given careful consideration to the appellants' specification and claims, the applied prior art references, the respective positions articulated by the appellants and the examiner, and the guidance provided by our reviewing court. As a consequence of our review, we make the determinations which follow. The Rejections on the Basis of Csák and Buckle Independent claim 1 is directed to a method of mitigating seismic forces on a structure during a seismic event. Among the steps of the method is providing a damped support system for the structure comprising a plurality of support piers surrounded by at least two layers of reinforced concrete on either side of at least one layer of an elastomer, wherein said elastomer is engineered to include thermal diffusion and damping properties determined as a function of properties of the structure and as a function of an expected seismic event frequency spectrum (emphasis added). Csák and Buckle both are directed to shock absorption systems for buildings. In the course of the explanation of the rejection, the examiner acknowledged that neither reference taught the step recited above, but took the position that it would have been obvious to one of ordinary skill in the art to choose an elastomer layer with damping properties . . . selected as a function of the characteristics of the structure and as a function of a seismic frequency since it was known in the art that support systems are constructedPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007