Appeal No. 2004-1274
Application 09/951,616
Flum Ideas, Inc., 282 F.3d 1340, 1346-47 (Fed. Cir. 2002); In re
Huang, 100 F.3d 135, 139 n.5, 40 USPQ2d 1685, 1688 n.5 (Fed. Cir.
1996).
In the instant case, Castle recognizes the following problem:
Although the known coping system described and illustrated
in FIG. 1 has served the purpose, it has not been entirely
satisfactory because central web portion 34 of splice plate
18 often sags from its own weight or from the weight of
water or ice. Such sagging is undesirable because it allows
collection of water and also tends to distort and damage
sealant strips 20, 20'. This, in turn, allows moisture to
pass around or over sealant strips 20, 20' and into wall 12
in an undesirable manner.
See in column 1, lines 34-42, emphasis added.
In other words, Castle recognizes the problem of deterioration
of the sealant or caulk 20 and 20’ between joints that enables
water or moisture to enter into the wall 12 in the conventional
coping system in Fig. 1.
Koenig also recognizes the same problem of deterioration of the
sealants between joints that enables water or moisture to enter
the wall. Koenig teaches that tiled walls have been long popular
for bathrooms and kitchens. Koenig further teaches that it is
known that these walls present certain problems. One of the
problems is the grout between the tiles can deteriorate which
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