Appeal No. 2002-2090
Application 08/430,311
maximum flexural strength is attained at the cracking load
of the concrete. ‘Plain concrete’ is also any concrete that
does not meet the criteria for reinforced concrete.
In addition, we have the similar language, for example, of
claim 57 concerning what constitutes “plain concrete” and the
further recitations in claims 63, 65 and 66 regarding the fact
that “plain concrete” may also include either “fiber material
means” or “metal rods or metal wire web fabric” in an amount and
distribution sufficient to substantially resist crack formation
due to temperature change and concrete volume shrinkage of the
panel structure.
Further, on page 31 of the specification, appellant
describes an embodiment of the invention (Fig. 4) wherein at
least the concrete of the upper half (36) of the panel structure
includes a fibrous reinforcement material (34) uniformly
distributed throughout, and states that such fibrous concrete
“shall be a plain concrete in that the strength of the concrete
after cracking is less than the strength prior to cracking” (page
31, lines 18-19). Appellant goes on to note that “[w]hen fibers
are used without any other measures to control temperature and
shrinkage cracking, this may be accomplished by using fibrous
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