Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
withstand internal forces created by concrete poured into the cavity thereof.
One of ordinary skill in the art desiring an insulating block that is capable of
being stacked in a bidirectional manner without the need for mortar that is
lightweight, but rigid, in structure, would have been guided to employ
Horobin’s square projections and recesses with Guarriello’s alternating rows
of projections and recesses.
vii. Patentee Contends that Guarriello Does Not
Disclose Joining Means that Comprises a “Web”
Independent claims 11 and 19 require a joining means interconnecting
the side members. Claims 15 and 23 depend from claims 11 and 19,
respectively, and require that the joining means be a web. Claims 16 and 24
also depends from claims 11 and 19, respectively, and requires that the
joining means comprises at least one web interconnecting the side members
and that the web comprise a synthetic material.
Patentee states that its web is formed of a non-foamed material.
Patentee directs the Board’s attention to column 3, lines 20 to 24 of their
specification. (Appeal Br. at 41). This passage from the specification states
that the web can be formed from any suitable material but preferably are
from a synthetic polymeric material. Patentee, citing column 3, lines 26-27,
states that “[t]he specification further states that ‘such webs are formed of
non-foamed material.” (Id.). From these passages, Patentee concludes that:
Thus, the recitation of a web, in light of [our] specification, is
limited to a non-foamed material and is structurally distinct
from the separators shown in Guarriello ‘222.
(Appeal Br. at 42 and again relied upon at Appeal Br. 47).
37
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