Ex Parte ALLEN - Page 21




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


          appellant has again focused on the recitation of “plain concrete”           
          as a distinguishing feature relative to Givens.  We find this               
          argument no more persuasive here than we did with regard to the             
          other claims on appeal, and also point out that unlike the other            
          claims on appeal claims 70 and 72 even more broadly recite the              
          concrete used in the load bearing panel structure as being                  
          “substantially plain concrete” (emphasis added).                            


          As for appellant’s further argument that claim 70                           
          distinguishes over Givens because it requires placing unset                 
          concrete to form the upper and lower halves of appellant’s panel            
          structure “at the same time” (brief, page 15 and reply brief,               
          page 9) and thus in a single step, we must agree with the                   
          examiner (answer, page 15) that no such requirement is manifested           
          in claim 70.  Claim 70 is drafted in an open-ended “comprising”             
          format and thus is not limited to only the steps set forth                  
          therein.  Moreover, there is nothing in the “placing unset                  
          concrete” step of claim 70 which mandates a single pour or                  
          placement of concrete to form both the upper and lower halves of            
          the panel structure “at the same time.”  Like the examiner, we              
          are of the view that the disclosure at column 14, line 42 through           
          column 15, line 3 of Givens is fully responsive to the process of           
                                          21                                          





Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next 

Last modified: November 3, 2007