Appeal No. 2001-1894
Application No. 09/108,741
brick, etc., in which straps 30 apply tension to a cap 16 on
top of the wall. However, even if the Ellis brace were
applied to a stack of the Guarriello forms, there would not be
a “cap ... on opposed edges of said insulated forms” as
required by claim 1. The examiner identifies items 18, 20 of
Ellis as caps, but these are all one integral member, and
there is no cap on the “opposed edge” of the Ellis structure.
As for Larger and Powers, the examiner identifies item 16 of
Larger and item 12 of Powers as being a band or strip (answer,
pages 3 and 6), but these items are disclosed as being steel
rods (Larger, col. 2, lines 41 to 45; Powers, col. 4, lines 23
to 25), which we do not consider can reasonably be interpreted
as the “band or strips” recited in claim 1. Riefler 1
discloses bands for holding together a stack of cement blocks
1, but even if a plurality of the forms of Guarriello were
held together by bands as shown by Riefler, none of the bands
(including peripheral band 7) would connect the forms and the
1Webster’s Third New International Dictionary (1971)
defines “band” as “a thin flat encircling strip, strap, or
flat belt of material serving chiefly to bind or contain
something,” and “strip” as “a narrow piece of about even width
(a strip of cloth).”
4
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