Ex parte MARTIN - Page 2




          Appeal No. 2001-1894                                                        
          Application No. 09/108,741                                                  


               The claims on appeal are drawn to an insulated form                    
          assembly for a poured concrete wall, and are reproduced in the              
          appendix of appellant’s brief.  Claim 1 is illustrative of the              
          claimed subject matter, and reads:                                          
               1.  An insulated form assembly for a poured concrete wall              
          comprising:                                                                 
               a plurality of insulated forms made of a foam material;                
               a cap fittingly retained on opposed edges of said                      
          insulated forms; and                                                        
               a band or strips circumscribing or connecting said                     
          insulated forms and said caps to pre-assemble said assembly.                

               The references applied in the final rejection are:                     
          Taylor                   2,781,657                Feb. 19, 1957             
          Larger                   3,378,969                Apr. 23, 1968             
          Ellis                    3,430,397                Mar.  4, 1969             
          Riefler                  4,001,988                Jan. 11, 1977             
          Powers                   4,757,656                Jul. 19, 1988             
          Guarriello et al.        5,123,222                Jun. 23, 1992             
          (Guarriello)                                                                
               Claims 1 to 3, 5 to 8, 10 and 12 to 14 stand finally                   
          rejected under 35 U.S.C. § 103(a) as unpatentable over                      
          Guarriello in view of either Larger, Taylor, Ellis, Powers or               
          Riefler.                                                                    
               First considering the subject matter recited in                        
          independent claims 1, 8 and 14 relative to Guarriello,                      
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