Appeal No. 2004-2160 Page 2
Application No. 09/818,851
withdrawn (answer, page 2). We therefore presume that claim 14 stands objected to as
depending from a rejected claim but is otherwise considered allowable by the examiner.
BACKGROUND
The appellants’ invention relates to construction blocks for forming an earthquake
resistant structure, the blocks comprising aggregate pieces held in contact with each
other by mortar above the aggregate pieces, the aggregate pieces being in firm contact
with one another. A copy of the claims under appeal is set forth in the appendix to the
appellants’ brief.
The following rejection is before us for review.
Claims 1, 8-13 and 19 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kirkpatrick.1
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the answer
for the examiner's complete reasoning in support of the rejection and to the brief (filed
January 16, 2004) and reply brief (filed May 4, 2004) for the appellants’ arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants’ specification and claims, to the applied Kirkpatrick patent, and to the
1 U.S. Pat. No. 1,487,578, issued March 18, 1924.
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