Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
an insulating form to ensure that the stacked forms are properly interlocked
and sealed. Patentee does not allege, nor are we aware of, any criticality in
placing the raised sealing member “between” the rows. We conclude that it
would have been obvious to one of ordinary skill in the art to place the
raised sealing member in any suitable location so as to allow ease of
interconnection between blocks as well as structural strength for the walls
formed by the insulating forms.
iv. Patentee Contends that Guarriello Does Not Teach
Two Parallel Side Members that have a
“Substantially Parallel Interior Surface”
Independent claim 11, and the claims that depend from it, require two
parallel side members that have a substantially parallel interior surface.
Patentee contends that Guarriello describes what is known in the art as a
modified post-and-beam construction. (Appeal Br. at 37). Patentee states
that such construction employs forms with cavities that, when filled with
concrete, define vertical posts. (Id.). Patentee states that Guarriello Figure 1
depicts cavities that are generally rectangular with rounded corners. (Id.).
The interior surface of Guarriello’s side wall is substantially parallel
to the exterior surface of the side wall. (See Guarriello Fig. 9). Patentee has
failed to provide sufficient evidence otherwise. Additionally, to the extent
that Patentee’s contention is correct, we note that both Horobin teach and
depict the use of insulating forms having parallel interior surfaces. As
taught by Horobin ‘969, one skilled in the art would have employed such
parallel surfaces to achieve a lightweight but rigid structure that “is adapted
to withstand the internal force created by the concrete when it is poured into
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