Ex Parte Thomson - Page 5



             Appeal No. 2006-1297                                                              Page 5               
             Application No. 10/699,595                                                                             


             ingress of water such as would destroy the buoyancy of the structure (col. 4, ll. 49-                  
             53).                                                                                                   
                    Gonzalez teaches that                                                                           
                           [a]ttack by acids, corrosives, detergents, organic solvents,                             
                           and the like, is prevented in major part by the protective                               
                           cover or film, and partly by the surrounding concrete.                                   
                           Immiscible solvents, such as gasoline, which float on the                                
                           surface of the water often cannot contact even the                                       
                           protective film or cover of the cellular foam or plastic                                 
                           because of the surrounding layer of concrete [col. 2, ll.                                
                           34-41; emphasis ours].                                                                   

                    Shorter is relied on by the examiner as evidence of the recognition in the                      
             prior art at the time of appellant’s invention that cracks develop in the concrete                     
             shells of concrete float units.  Specifically, Shorter states that “[u]se of the foam                  
             block permits the unit to float even though cracks develop in the concrete shell                       
             below the water line” (col. 4, ll. 61-63).                                                             
                    In light of the recognition in the art at the time of appellant’s invention that                
             cracks tend to develop in the concrete blanket or slab of floating concrete units                      
             below the water line, as evidenced by Shorter, the teaching of Gonzalez of coating                     
             or wrapping the foam blocks provided within the concrete shell for buoyancy with                       
             a polymeric film or cover in order to protect the foam blocks from attack by acids,                    
             corrosives, detergents, organic solvents and the like would have provided ample                        
             suggestion to one of ordinary skill in the floating concrete structure art to provide                  
             such a protective polymeric coating on the cores 12 of Thomson to protect them                         






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