Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
7) The ‘933 patent states that the web “may be a foamed polymer or
more generally, such webs are formed of a non-foamed material.” (Id. at
col. 3, ll. 25-27).
B. Declaration of Michel Philippe
8) During the reexamination proceeding, Patentee submitted a
declaration from Michel Philippe, the named inventor of the ‘933 patent.
9) Mr. Philippe testifies that he has worked in the concrete construction
industry for over twenty-five (25) years. (Philippe Dec., ¶ 2).
10) Mr. Philippe testifies that insulating blocks are generally made using
molds. (Philippe Dec., ¶ 2).
11) Mr. Philippe testifies that one of ordinary skill in the art understands
that there is an “inherent variability in the manufacturing process” for
forming insulating blocks, as described by the ‘933 patent. (Philippe Dec., ¶
10).
12) Mr. Philippe testifies that one of ordinary skill in the art would
understand that “substantially the same dimension,” as used in the claims on
appeal, would refer to “the same dimension with minor variations, or
intended to be the same dimension but permitting and including variation
implicit in manufacturing processes.” (Philippe Dec., ¶ 11).
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