Ex Parte ALLEN - Page 13




          Appeal No. 2002-2090                                                        
          Application 08/430,311                                                      


          reinforcement material of from about 0.3% to about 4%, by volume,           
          within the top one-half of deck panel 12” (page 32, lines 12-14).           
          In addition, appellant indicates on page 36, lines 11-13) that              
          “[f]iber reinforcing material or welded wire fabric, when used to           
          assist in shrinkage and temperature change crack resistance, are            
          in a quantity so as not to meet the requirements for ‘flexural              
          reinforcing’.”  “Flexural reinforcing” is defined on page 26 of             
          the specification as being                                                  
               material which is utilized in reinforced concrete and is               
               designed to carry all the tensile bending stress on the                
               reinforced concrete member while the concrete is assumed not           
               to carry any tensile stress.  Flexural reinforcing is                  
               provided in an amount and orientation such that the flexural           
               strength of the member is not diminished after the concrete            
               sets and cracks.                                                       


          On the basis of the foregoing information, we understand                    
          “plain concrete” as used in the present application and claims on           
          appeal to, at least, be readable as a concrete material including           
          cement, sand, water, coarse aggregate and a proportion of short             
          pieces or fibers of wire so as to define a structural concrete              
          with improved resistance to cracking at the upper surface thereof           
          due to concrete volume shrinkage and temperature changes, and               
          which has structural properties that prevent or reduce                      
          deterioration of the top surface of the panel caused by corrosion           
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