Appeal No. 2004-0941
Application No. 09/180,901
least one of the transverse faces and/or longitudinal faces
having a recess, in such a way that the elements rest with their
transverse faces against each other in various rotated positions,
and the recesses each bound an open space with an opposite wall
and/or recess on an adjacent element, and wherein the elements
form rows in which the transverse sides in each row rest against
each other and elements from adjacent rows rest with their
longitudinal sides against each other.
Clearly, claim 9 sets forth a revetment,4 a revetment that
requires particularly configured elements resting against one
another in rows.
Manent does not address a revetment. On the other hand, we
recognize that the modular construction element of Manent (Fig.
4) does reveal certain features found in the element (Fig. 1) of
the present invention. However, it must be kept in mind that a
specifically configured revetment is set forth in claim 9. The
4 A revetment has been defined as a facing (as of stone or
concrete) to sustain an embankment. Webster’s New Collegiate
Dictionary, G. & C. Merriam Company, Springfield, Massachusetts,
1970. This definition comports with appellant’s usage of the term
revetment as being for a bank, water-retaining structure or the
like (specification, page 1).
5
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