Ex Parte Kay et al - Page 11




          Appeal No. 2004-1274                                                        
          Application 09/951,616                                                      


          enables water or moisture to enter into the wall.  See Koenig,              
          column 1, lines 11-23.  Koenig then teaches that prior art wall             
          boards that are eight feet high by four feet wide have been used            
          to solve the problem, but the joint between the wall boards                 
          presents the same problem of deterioration of the sealant as well           
          as the additional problem of difficulty of having the sealant               
          applied in a way to give the appearance of grout lines between              
          the wall boards.  See Koenig, column 1, lines 24-46.  Koenig                
          solves this problem by providing an extension joint that acts               
          as a simulated grout line without the necessity of claulking or             
          grouting between wall boards.  See Koenig, column 1, line 47,               
          through column 2, line 7.                                                   
          Thus, Koenig recognizes the same problem that Castle recognized             
          that the deterioration of the sealants between the joints allows            
          water to enter the wall.  Thus, both Castle and Koenig are                  
          attempting to solve the same problem.  Castle and Koenig both               
          recognized the problem of dealing with joint sealants between               
          moisture barriers (coping elements 26 or wall board panels 40).             
          Thus, one of ordinary skill in the art would be motivated to use            
          the Koenig solution in the Castle wall coping system to solve the           


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