Ex Parte ALLEN et al - Page 10




              Appeal No. 2004-0785                                                                Page 10                 
              Application No. 09/252,635                                                                                  


              core module 6 includes an upper module base pallet (i.e., floor) 127, four outer walls                      
              and a central roof (i.e., ceiling) 7.                                                                       


              Our decision                                                                                                
                     After reviewing the subject matter of claims 1, 8 and 22 and the teachings of                        
              Hopkins, we conclude that claims 1, 8 and 22 are not anticipated by Hopkins.  Claims 1                      
              and 8 are not anticipated since Hopkins does not teach "a room of the unit so formed                        
              extends from the floor section of the first module to the ceiling section of the second                     
              module."  The only module disclosed by Hopkins that includes a ceiling is the upper                         
              core module 6.  Since Hopkins' upper core module 6 also includes a floor, Hopkins does                      
              not disclose any room of the unit that extends from the floor of a first module to the                      
              ceiling of the upper core module.  Claim 22 is not anticipated since Hopkins does not                       
              teach "connecting the units so that the first corridor section and the second corridor                      
              section combine to form an access corridor, and the first utility chase and the second                      
              utility chase combine to form a continuous utility chase."  As shown in Figure 10, the                      
              corridors and utility chases of one unit (i.e., townhouse) do not combine with the                          
              corridors and utility chases of another unit (i.e., townhouse) to form an access corridor                   
              and a continuous utility chase.                                                                             











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