Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
owner for reexamination of its U.S. Patent 5,428,933 (the ‘933 patent) issued
July 4, 1995 to Michel Philippe. The ‘933 patent is assigned to Phil-Insul
Corporation. (Appeal Br. at 6).
Patentee’s invention relates to insulating construction members
having top and bottom edges that contain at least two rows of alternating
projections and recesses. (‘933, Abstract). The projections and recesses
have substantially the same dimensions and the insulating construction
members can be interconnected in a bidirectional or reversible manner.
(Id.).
As explained in the background section of the ‘933 patent, foamed
plastic concrete forms and insulating block forms were known in the art.
(Id. at col. 1, ll. 15-31). The ‘933 patent identifies the prior art as describing
the use of interlocking means to permit the stacking of blocks one on top of
the other. (Id.). The ‘933 patent alleges however, that the prior art fails to
describe blocks that interconnect in a bi-directional and/or reversible
manner. (Id.). The ‘933 patent also alleges that bi-directional and/or
reversible blocks are less labor intensive and reduce waste as compared to
conventional blocks. (Id. at col. 1, ll. 34-48).
There are six (6) independent claims on appeal, claims 1, 11, 17, 18,
19 and 30, all of which are directed to insulating construction members and
blocks where the blocks can be interconnected with a like member in a bi-
directional or reversible manner. Claim 1 is generally representative of the
claims on appeal and reads as follows:
In an insulating construction member having top and bottom
edges and interconnecting means on said top and bottom edges,
the improvement wherein said interconnecting means comprise
at least two rows of alternating projections and recesses, said
2
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