Ex Parte CHURCHES et al - Page 7



          Appeal No. 2004-1798                                                        
          Application 08/883,387                                                      


               end shearwalls respectively (see col. 10, lines 17-18),                
               but the exterior walls (94, 140) is unnecessary to                     
               connect the floors (see col. 8, lines 36-38).  The                     
               exterior wall functions to enclose the ends of the                     
               stories of the building construction.  Since there is                  
               no other support to the exterior wall, the exterior                    
               wall is, therefore, considered to be vertically self-                  
               supported along a vertical support plane to the                        
               foundation, and the supporting framework such as the                   
               end shearwalls provide all necessary lateral support                   
               for the vertically self-supporting exterior wall.                      

          Our reading of Livingston reveals that the method therein                   
          for constructing a multi-story building structure (48) begins               
          with the installation of two vertically oriented, prestressed               
          concrete load bearing wall panels (50, 52), presumably on a                 
          foundation, and proceeds with the installation of a pre-                    
          fabricated service core (60) which, as seen in Figure 2 of                  
          Livingston, is installed between the load bearing wall panels               
          (50, 52) and supported on members (56) projecting from a bottom             
          portion of the wall panels.  The service core (60) comprises a              
          prestressed concrete pallet (62) and an enclosure (64) formed on            
          the concrete pallet.  As noted at column 6, lines 59-65, the                
          enclosure (64) is formed from materials of the type used in                 
          constructing conventional homes and similar buildings, i.e.,                


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