Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
B. Prior Art Rejections
1. The Rejection of Claims 1-11, 13-19, 21-28 and 30
under 35 U.S.C. §102(b) as anticipated by
Guarriello.
Generally, claims 1, 11, 17, 18, 19 and 30 are independent claims and
directed to insulating construction block forms and members. Each
independent claim requires the presence of an interconnecting means that
comprises at least two rows of alternating projections and recesses where the
projections and recesses are substantially the same dimension. Each
independent claim also requires that the insulating forms are capable of
being interconnected with a like member in a bi-directional or reversible
manner.
Guarriello describes forms for poured concrete having locking
members. Guarriello’s forms interconnect via projections and recesses.
Guarriello however, refers to its projections and recess as ribs and channels.
(Guarriello, col. 4, l. 67 to col. 5, l. 44).
The Examiner and Patentee agree that Guarriello does not teach the
use of projections and recesses having the same dimensions. Patentee and
the Examiner disagree however, as to whether Guarriello teaches projections
and recesses of substantially the same dimension.
To aid the Board’s understanding of the differences in dimensions,
Patentee provided the following figure, which depicts the ribs and channels
of Guarriello Figure 8:
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