Appeal No. 2002-2090
Application 08/430,311
We have also reviewed the examiner’s rejection of dependent
claim 79 under 35 U.S.C. § 103(a) based on the combined teachings
of Givens and Kobayashi (answer, page 9), but find nothing in the
teachings of Kobayashi relied upon by the examiner which
overcomes or provides that which we have found to be lacking in
Givens. Thus, the examiner’s rejection of dependent claim 79
under 35 U.S.C. § 103(a) based on the combined teachings of
Givens and Kobayashi will also not be sustained.
With regard to independent claim 74, we note that this claim
does not include a limitation concerning the concrete having “a
tensile strength less than about 750 pounds per square inch” or
the limitation regarding the upper half of the deck panel
structure being “substantially free of flexural reinforcement
means for carrying bending moment tension stresses,” both of
which limitations are found in claim 57. Thus, appellant’s
argument on page 15 of the brief that claim 74 defines the
invention “using the same properties and limitations found in
Claim 57,” is without foundation and wholly inaccurate.
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