Ex Parte Thomson - Page 2



          Appeal No. 2006-1297                                             Page 2           
          Application No. 10/699,595                                                        


                                      BACKGROUND                                            
                The appellant's invention relates to a prestressed concrete flotation structure
          with improved corrosion resistance and to a floating dock system comprising such  
          structures.  A copy of the claims under appeal is set forth in the appendix to the
          appellant's brief.                                                                
                The examiner relies upon the following as evidence of unpatentability:      
          Gonzalez    US 3,779,192   Dec. 18, 1973                                          
          Thomson    US 3,799,093   Mar. 26, 1974                                           
          Shorter    US 3,967,569   Jul.  6, 1976                                           
          Robinson    US 6,035,797   Mar. 14, 2000                                          
          Rytand et al. (Rytand)  US 6,450,737 B1    Sep. 17, 2002                          

                The following rejections are before us for review.                          
                Claims 1, 2, 4, 6 and 7 stand rejected under 35 U.S.C. § 103(a) as being    
          unpatentable over Thomson in view of Gonzalez and Shorter.                        
                Claims 3, 5 and 8 stand rejected under 35 U.S.C. § 103(a) as being          
          unpatentable over Thomson in view of Gonzalez, Shorter and Rytand.                
                Claims 3, 5 and 8 stand rejected under 35 U.S.C. § 103(a) as being          
          unpatentable over Thomson in view of Gonzalez, Shorter and Robinson.1             
                Rather than reiterate the conflicting viewpoints advanced by the examiner   
          and the appellant regarding this appeal, we make reference to the final rejection 
          (mailed October 25, 2004) and examiner's answer for the examiner's complete       
                                                                                           
          1 This was a new rejection set forth in the answer (mailed August 10, 2005).      






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