Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
requires rectangular projections and recesses that are continuous and
contiguous with each other. Additionally, the claims require that the side
walls have substantially planar outer and inner surfaces. Dependent claim
21 further requires that the contiguous projections and recesses extend along
the entire length of the top and bottom edges of the side members.
Patentee contends that Guarriello fails to teach rectangular projections
and recesses that are contiguous with each other. (Appeal Br. at 43-45).
Patentee also argues that Guarriello fails to teach the contiguous projections
and recesses over the entire length of the top and bottom of the side
members. (Appeal Br. at 46).
Patentee’s contentions are moot in light of Horobin ‘969 and ‘382,
which describe and depict rectangular projections and recesses that are
contiguous with each other over the entire length of the side walls.
(Horobin, Fig. 1). As discussed above, Horobin ‘969 teaches that its blocks
with square projections and recesses that are continuous and contiguous with
each other over the entire top and bottom of the side walls allows for
stacking blocks without mortar and allows for a lightweight but rigid
structure. One of ordinary skill in the art seeking the benefits of Guarriello’s
bi-directionality and the ability to stack lightweight, but rigid, blocks
without mortar would have been guided to combine the projections and
recesses of Horobin with the bidirectional features of Guarriello, e.g.,
alternating rows of projections and recesses adapted to allow for a projection
to be rotated 90o yet still fit in a recess.
Patentee contends that Guarriello describes a modified post-and-beam
construction as opposed to an ordinary flat wall construction. (Br. at 45).
Patentee states that “[i]t is simply inconceivable that the Examiner would
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