Appeal No. 2000-1655 Page 5
Application No. 08/836,892
relevant teachings of the references to arrive at the claimed
invention. See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d
1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,
1016, 173 USPQ 560, 562 (CCPA 1972).
The 35 U.S.C. § 103 rejection based on Long alone
We will not sustain the rejection of claims 28, 33, 34
and 36 to 40 under 35 U.S.C. § 103 as being unpatentable over
Long.
Long discloses a method and apparatus for improving
bearing strength of piles in permafrost. As best shown in
Figure 1, the soil in which a pile 20 is to be used includes a
seasonal-frost or seasonal-thaw region 10 and a permafrost or
permanently
frozen region 12. The limits of the seasonal-thaw region are
the surface 14 of the soil and the general dividing line 16
separating the seasonal-thaw region from the permanently
frozen region. Long teaches (column 2, line 63, to column 3,
line 2) that in practice, it should be understood that the
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