Ex Parte GULATI - Page 4




          Appeal No. 2002-1192                                                        
          Application 09/256,383                                                      


          In rejecting claims 17 and 18 under 35 U.S.C. § 102(b) as                   
          being anticipated by Lalvani, the examiner directs us to Figure 2           
          of the applied patent urging that Figure 2 shows an internal                
          truss braced frame with a plurality of aligned vertical truss               
          structures positioned transversely and longitudinally spaced. In            
          addition, the examiner points to the Abstract of the Lalvani                
          patent noting that it states that the truss frame can be combined           
          with membrane systems and used in environmental structures. The             
          examiner further urges that “[t]he intended use for retaining               
          liquid does not further limit the claims over the structure of              
          Lalvani” and that “[i]t is inherent that the membrane is secured            
          to the outer frame” (answer, page 3). Concerning claim 18, the              
          examiner again directs us to Figure 2 of Lalvani and urges that             
          it shows at least one vertical truss structure positioned                   
          longitudinally within the internal truss frame and secured                  
          between two adjacent longitudinally spaced vertical trusses.                


          The patent to Lalvani discloses a building system comprising                
          a family of space frames (e.g., Fig. 2) based on classes of non-            
          regular polyhedral nodes connected by appropriate struts (13 of             
          Fig. 2), wherein the space frames can be converted into panel or            
          plate systems, nodeless space frames, membrane and shell systems,           
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