Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
take the position that the inner surfaces of the side members shown in
Guarriello ’222 are ‘planar.’” (Appeal Br. at 46).
Guarriello Figure 9 depicts an insulating block having two side walls
and interior separators (290, 292) surrounding a cavity. The exterior and
interior side walls are depicted as straight lines. As such, one of ordinary
skill in the art would understand Guarriello’s insulating block to have
substantially planar interior and exterior surfaces. Additionally, we note that
Horobin ‘969 Fig. 1 and Horobin ‘382 Fig. 1 depict planar interior and
exterior surfaces on their side walls (12, 14).
ix. Patentee Contends that Guarriello Does Not Teach
Projections and Recesses of Substantially the Same
Shape
Claims 25-28 require that the claimed projections and recesses be of
“substantially the same shape.”
Patentee contends that Guarriello’s ribs and channels are not all of the
same shape. (Appeal Br. 48). Patentee states that Guarriello’s depicts an L
shaped channel to allow for its bi-directionality. (Id.).
We agree that Guarriello does not describe projections and recesses
having substantially the same shape. The Horobin patents however, describe
and depict square projections and recesses all of the same shape. Horobin
‘969 teaches that insulating blocks with square projections and recesses are
stackable without the need for mortar and providing a lightweight, but rigid,
structure. As discussed above, one of ordinary skill in the art desiring the
versatility of Guarriello’s bi-directional blocks with the stackability and
lightweight, but rigid, structure of Horobin would have been guided to form
40
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