Appeal No. 2004-1798
Application 08/883,387
additional apartments thereon. When all of the apartments
comprising the apartment building are constructed, prestressed
concrete pallets similar to pallets (90) are positioned on the
uppermost load bearing wall panels to form a roof of the
apartment building.
Contrary to the examiner’s stated position, it is clear to
us from the foregoing disclosure in the Livingston patent that
the “central rectangular shearwall” of claim 27 on appeal, having
a top edge, a bottom edge, and two opposing side edges, wherein
the edges define first and second opposing faces, and the
shearwall forms a vertical support plane which is aligned
substantially normal to the building’s foundation, is not
readable on the horizontally disposed pallet (62) of Livingston’s
service core (60). Moreover, even if we assume that the load
bearing wall panels (50, 52) and one of the vertical walls of
the service core (60) of Livingston together define an I-shaped
structure of load bearing walls generally corresponding to
appellants’ central rectangular shearwall and first and second
end shearwalls, we must agree with appellants that there is no
reasonable basis to conclude that this structure in Livingston
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