Ex Parte No Data - Page 8

                Appeal 2007-0694                                                                              
                Reexamination Control 90/006,433                                                              
                Patent 5,428,933                                                                              
                13) As to the implicit manufacturing process variation, Mr. Philippe                          
                testifies that a block formed with foamed material will generally shrink by                   
                about 1.0 % to about 2.0 % as it cures.  (Philippe Dec., ¶ 4).                                

                      C.     Prior Art                                                                        
                             1.    Guarriello, U.S. Patent 5,123,222                                          
                14) Guarriello is directed to a hollow foamed plastic form for concrete                       
                that has a pair of opposed side walls where the upper and lower faces of the                  
                side walls contain a series of elongated locking members.  (Guarriello,                       
                Abstract).                                                                                    

                15) Guarriello teaches that construction using modular hollow plastic                         
                units that are then filled with concrete has gained wide acceptance.  (Id. at                 
                col. 1, ll. 12-15).                                                                           

                16) Guarriello states that a “number of approaches” to modular hollow                         
                plastic units have already been described, including the use of projections                   
                and recesses on the upper and lower edges of the side walls for interlocking                  
                several of the forms.  (Id. at col. 1, ll. 17-18 and 23-28).                                  

                17) Guarriello Figure 8, depicted below, is a plastic form that permits                       
                communication of concrete between two abutting forms:                                         






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