Appeal No. 2001-1894
Application No. 09/108,741
circumscribing bands are disclosed as being used to prestress
the tile units 10. However, while this is correct, the bands
are obviously also used to hold the tiles together in a
preassembled unit P. While the tiles are not forms, per se,
in the Taylor apparatus, they can perform the function of
forms in that Taylor discloses that they can be filled with
cement, as discussed above. In any event, the advantages
which Taylor discloses as resulting from preassembling a
plurality of modular tile units for use in constructing walls
and the like (saving time, efficiency and economy) would have
suggested to one of ordinary skill the preassembling of other
modular units used in such construction, such as the forms
disclosed by Guarriello, in order to achieve similar
advantages.
Accordingly, we will sustain the rejection of claim 1 as
unpatentable over Guarriello in view of Taylor. The rejection
of claims 2, 3 and 5 to 7 on that ground will also be
sustained, appellant having grouped them with claim 1 (brief,
pages 5 and 6).
Appellant has grouped independent claim 8 with dependent
claims 10, 12 and 13 (id.). The rejection of these claims as
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