Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
interconnecting means of projections and recesses that “extend across the
entire length” of the top and bottom edges of the insulating form.
Additionally, both Horobin patents describe and depict insulating
block forms that have projections and recesses that extend across the length
of the form without any intervening spaces or discontinuities. Horobin ‘969
describes its forms as lightweight but rigid in structure and is able to
withstand the internal forces created by concrete when it is poured into the
cavity thereof. Horobin ‘969 also teaches that its projection and recess
locking mechanism allows forms to be stacked without the need for mortar
or binder interposed between the forms. One skilled in the art would have
recognized the benefits of Horobin’s insulating form and would have been
guided to employ projections and recesses that extend across the entire
length of an insulating form.
vi. Patentee Contends that Guarriello Fails to Describe
“Rectangular” Projections and Recesses
Patentee claim 8 requires that the projections and recesses be “of a
rectangular configuration.” Patentee contends that Guarriello requires the
presence of an L shaped channel. (Appeal Br. at 39-40). Patentee concludes
that Guarriello’s L-shaped channel is not a rectangle within the meaning of
its claims.
Patentee’s point is moot as both Horobin patents clearly describes and
depicts insulating blocks having square (rectangular) projections and
recesses where each projection and recess is of substantially the same size.
Horobin ‘969 teaches that its insulating blocks can be stacked without the
use of mortar or binder and are lightweight in structure but are able to
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