Appeal No. 2002-2090
Application 08/430,311
readily achievable. Similarly, Romualdi seeks to provide a load
bearing concrete structural member which utilizes fibrous-
concrete having an enhanced useful tensile strength on the order
of “two to three times that of conventionally reinforced
concrete” (col. 2, lines 1-2) and which has a tensile strength
“at least about 1000 pounds per square inch” (col 14, lines 63-
64). Thus, it is clear to us that one of ordinary skill in the
art would find no teaching in Givens of a load bearing concrete
panel structure like that defined in claim 57 on appeal, or any
reason or suggestion therein to provide such a structure wherein
the fibrous concrete has a tensile strength “less than about 750
pounds per square inch,” since such is totally contrary to the
clear teachings of Givens and also Romualdi, which is
incorporated by reference therein.
Accordingly, we will not sustain the examiner’s rejection of
independent claim 57 under 35 U.S.C. § 102(b) or the rejection
thereof under 35 U.S.C. § 103(a) based on Givens alone. It
follows that the examiner’s similar rejections of claims 58
through 63, 65, 66, 69 and 76 through 78, which claims depend
from claim 57, will likewise not be sustained.
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