Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
Both Horobin patents teach that square projections and recesses allow
the interlocking of insulating blocks to form concrete structures such as
walls and the like. (Horobin ‘949, Fig. 1 and col. 1, ll. 8-15 and Horobin
‘382 Fig. 1, 43-50). Horobin ‘949 teaches that its arrangement of insulating
block form allows the stacking of blocks without the need for mortar and
provides a lightweight, but rigid, structure. (Horobin ‘949 at col. 1, ll. 33-35
and col. 2, ll. 33-44). Guarriello describes insulating blocks that have
alternating rows of projections and recesses where the blocks can be stacked
in a bidirectional manner. 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.
xi. Summary of New Grounds of Rejection
We have considered Patentee’s arguments to the extent they apply to
the new grounds of rejection. We find however, that a person of ordinary
skill in the art would have had reason to combine the teachings of Guarriello
and Horobin and arrived at Patentee’s claimed subject matter. Essentially,
Patentee has done no more than combine known elements for their known
purpose to yield predictable results. We conclude that claims 1-11, 13-19,
21-28 and 30 are obvious over the combined teachings of Guarriello and
Horobin.
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