Appeal No. 2002-2090
Application 08/430,311
upper layer of Givens bridge deck panel, the upper layer “is well
within the range of ‘plain concrete’ as defined by applicant’s
original specification and recited in the claims” (answer, page
5). In reaching this conclusion, the examiner points to part of
the definition of “plain concrete” provided by appellant on page
26 of the specification, i.e., that “plain concrete” is “any
concrete that does not meet the criteria for reinforced
concrete.” The examiner also points to the following portions of
appellant’s specification for statements regarding what
constitutes “plain concrete” and “reinforced concrete”:
‘[i]n order to meet the minimum flexural reinforcing
requirements, the minimum volume of steel flexural
reinforcing in the upper half of the panel would generally
be greater than about 1.0% by volume of the upper half of
the panel.’ (emphasis added) (page 29, lines 12-15)
‘[w]hen fibers are used without any other measures to
control temperature and shrinkage cracking, this may be
accomplish by using fibrous reinforcement material of from
about 0.3% to about 4%, by volume, within the top one-half
of deck panel 12.’ (emphasis added)(page 32, lines 12-14)
‘[a] greater percentage of fibers is required to provide
drying shrinkage crack control. For example, the percent
volume of steel fiber reinforcement necessary for
temperature and shrinkage crack control is usually in the
range of 0.3% to 0.8% by volume and is most preferably less
than 1%, but may be as much as 2% or greater.’ (emphasis
added)(page 32, lines 16-20)
‘[t]his provides a total volume of steel wire reinforcement
in the upper half of less than about 0.5% which is
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