Appeal No. 2004-0941
Application No. 09/180,901
elements of Manent, as disclosed, are interfaced with one another
as depicted in Figs. 5 through 7, to effect enclosing walls,
small walls, barriers, palisades or slope support walls
(translation, pages 2, 3, and 10). A cavity inside the head and
tail of the construction element is intended to receive dirt,
gravel or any other similar support so that as to enable planting
of herbs, plants, trees, shrubs, or any other type of
embellishment or ornamentation (translation, pages 5, 6, and 11).
Like the examiner (answer, page 3), we recognize that Manent
fails to address the particular revetment of claim 9. However,
the examiner is of the opinion that the Manent teaching, in
conjunction with the disclosures of Shindo and Steiner, would
have been suggestive of the claim 9 revetment. While we
certainly understand the examiner’s well stated point of view on
this obviousness issue, for the reasons articulated below we
disagree therewith.
Shindo clearly teaches a particularly configured (square-
shaped) block (Fig. 1) for a revetment (Fig. 5) and Steiner
discloses blocks (Fig. 6) for building a wall and shaped hollow
blocks for lining bank slopes. Steiner also expressly indicates
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