Ex Parte CHURCHES et al - Page 8



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


          two by four and two by six studs, drywall panels, and similar               
          materials.                                                                  

          Next in the process of construction, a pair of prestressed                  
          concrete pallets (90) are installed between load bearing wall               
          panels (50, 52) and supported on members (56) projecting from the           
          wall panels (Fig. 3).  The decks of pallets (90) are positioned             
          so as to be aligned with the deck (66) of pallet (62), whereby              
          the pallets (90) and (62) cooperate to form the floor of a                  
          dwelling unit.  As seen in Figure 4 of Livingston, the                      
          installation of the pallets (90) is followed by installation of a           
          pair of prestressed concrete shear wall panels (94, 96), which              
          shear wall panels are connected to the load bearing wall panels             
          (50, 52) by welding of the reinforcing members of the respective            
          panels together or via other techniques commonly employed in the            
          construction industry to connect prestressed concrete structural            
          members.  As indicated at column 8, lines 20-22, the shear wall             
          panels (94, 96) “serve the dual functions of enclosing the ends             
          of the dwelling unit and maintaining the load bearing walls                 
          erect.”  Livingston notes at this point that the lowermost                  
          apartment of the apartment building (48) is complete.                       

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