Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
dimension as the peg. Further, one of ordinary skill in the art knows that a
square peg can be rotated 90o, 180 o and 270 o and still fit in the square hole.
We find that one of ordinary skill in the art desiring a lightweight, but rigid,
structure that is formed with blocks capable of being stacked in a
bidirectional manner without the need for mortar, would have been guided to
employ Horobin’s square projections and recesses with Guarriello’s
alternating rows of projections and recesses.
ii. Patentee Contends that Guarriello Does not Teach “At
least Two Rows of Alternating Projections and Recesses”
Patentee states that Guarriello does not show “rows of alternating
projections and recesses.” (Appeal Br. at 32). Patentee states that the word
“row” means continuous or a succession without a break or gap. (Appeal
Br. at 34). Patentee cites the following dictionary definition as support for
its position:
Row n. 1. A series of objects placed next to each other usually
in a straight line. 2. A succession without a break or gap in
time: won the title for three years in a row. 3. A continuous
line of buildings along a street.
(Appeal Br. at 34, citing, The American Heritage Dictionary, Second
College Edition (1985)). Patentee identifies Guarriello’s insulating forms as
having a gap or discontinuity between the ribs and channels of each locking
member. (Id.). Patentee concludes that Guarriello describes discrete pairs
of projections and recesses as opposed to a row.
The United States Patent & Trademark Office is tasked with providing
claims their broadest reasonable interpretation. Zletz, 893 F.2d at 321, 13
31
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