Appeal No. 2000-2288
Application No. 08/960,576
only one side of the wire mesh as desired by appellants. As
for Plaisted '958, this patent deals with spraying a
plaster/mortar composition on a hollow concrete block mine
stopping and says nothing about spraying the composition
therein on a wire mesh or screening to form a mine stopping,
thus this patent does not supply that which is lacking in
Burton.
In light of the foregoing, we must refuse to sustain the
examiner's rejection of independent claims 1, 11, 15 and 19,
and claims 2 through 5, 7 through 10, 12 through 14, 16
through 18 and 20 through 24 which depend therefrom, under §
103(a) as being unpatentable over Burton in view of Plaisted
'958.
As for the examiner's rejection of claim 6 under § 103(a)
as being unpatentable over Burton in view of Plaisted '958 and
Werthmann, we have reviewed the Werthmann patent, but find
nothing therein that provides for the deficiencies noted above
in the basic combination of Burton and Plaisted '958.
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