Appeal No. 2001-1894
Application No. 09/108,741
Guarriello discloses a foam plastic form 10 having two
generally planar opposing panels 12, 14 interconnected by
interior segments 28, 30, 32, 34 defining a plurality of
channels therebetween for receiving cement, each form having a
configuration at the top and bottom for interlocking with
other forms (col. 4, line 19, to col. 5, line 22). Guarriello
does not disclose a cap on opposed edges, or a band or strips,
as recited in claim 1, but the examiner takes the position
that, as to each of the secondary references (answer, pages 4
to 7):
To have formed a wall or wall unit with the
Guarriello et al. block forms as by connecting a
plurality of blocks together utilizing a band
circumscribing or a strip connecting the abutting
block forms, thus allowing for preassembly of the
resulting wall unit as well as providing for bracing
of the resulting wall unit, would have been obvious
to one of ordinary skill in the art as taught by
[the secondary reference].
We will not sustain the rejection of claim 1 insofar as
it is based on the combination of Guarriello and either of
Larger, Ellis, Powers or Riefler, for even if the references
were combined as proposed by the examiner, the resulting
structure would not meet all the limitations of claim 1.
Ellis discloses a brace for a wall made of cement blocks,
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