Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
an insulating block having square projections and recesses.
x. Patentee Contends that Guarriello Does not
Disclose “Continuous” Projections and Recesses
Independent claim 30 requires at least two rows of alternating
rectangular projections and recesses. Claim 30 requires that the projections
and recesses each comprise:
[O]pposed walls parallel to the longitudinal direction and
opposed walls perpendicular to the longitudinal direction, each
row comprising more than one projection and more than one
recess, with such alternating projections and recesses
continuously repeated along each of the top and bottom edges
and with the opposed walls perpendicular to the longitudinal
direction of at least one projection also defining walls of two
adjacent recesses, wherein said recess of one row is adjacent
said projection of the other row, said projections and recesses
having substantially the same dimensions. . .
(Amendment filed November 16, 2004). 4
Patentee contends that Guarriello’s L shaped channel is distinct from
Patentee’s claimed opposed walls that are either parallel or perpendicular to
the axial direction. (Br. at 49). Patentee also states that Guarriello fails to
describe opposed walls that are perpendicular to the axial direction that
define walls of two adjacent recesses. (Id.). Patentee’s contentions are moot
in light of the new grounds of rejection.
4 Note, the Claims Appendix attached to Patentee’s Appeal Brief contains an
incorrect recitation of claim 30. For example, claim 30 on appeal requires a
“web interconnecting said side members” but the Claims Appendix recites
“joining means interconnecting said side members.” Further, claim 30 on
appeal refers to longitudinal direction whereas the Claims Appendix claim
30 refers to “axial direction.”
41
Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: September 9, 2013