Appeal No. 2002-2250
Application No. 09/519,823
foundation (see column 2, lines 47 through 64). The piles 20,
which are conventional structures, extend from the foundation to
a relatively deep bearing stratum 26 firm enough to withstand the
weight of the piles, the foundation and the superstructure, as
well as the various loads to which the building is subjected. As
shown in the drawing figure, the piles include components at
their distal lower ends which arguably function as bearing or
anchoring elements.
In proposing to combine Lejeck and Thornley to reject the
appealed claims, the examiner takes the position that
it would have been obvious to one having ordinary skill
in the art at the time the invention was made to
replace Lejeck’s tension/compression components P with
Thornley’s piles, because Thornley’s [sic] teaches that
his piles are capable of sustaining high tension and
compression loads. Therefore, Lejeck’s tower structure
will not be susceptible to any lateral wind loads or
any vertical compression loads that may occur due to
winds or earthquakes [answer, pages 4 and 5].
Even if Lejeck’s unidentified elements “P” are assumed to be
piles, however, there is nothing in the disparate teachings of
Lejeck and Thornley to indicate that Lejeck’s blast furnace stove
10 might be subject to damaging loads from wind and/or
earthquakes, or to any load having a magnitude on the order of
those acting on the types of massive building structures of
concern to Thornley. The only suggestion for replacing the
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