Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
Guarriello describes the use of interior separators to define a plurality
of discrete cavities within its insulating block wall. (Guarriello, col. 2,
ll. 49-52). Guarriello teaches that removing a portion of the interior
separator creates an opening that permits the passage of uncured concrete
between two or more vertical cavities. (Id. at col. 2, ll. 63-66). Taking the
teachings of Guarriello as a whole, we find that Guarriello does not teach
away from “removable” end wall portions that, when removed, permit the
passage of concrete between two or more vertical cavities.
Patentee states that the rejection is improper as there is no teaching or
suggestion to combine the end member of Horobin with Guarriello. We
disagree.
As mentioned above, Guarriello describes removing a portion of its
interior separators to allow concrete to pass between cavities. Horobin ‘969
describes insulating blocks where concrete is poured into the cavity of the
block form. (Horobin ‘969, col. 1, ll. 8-15). Horobin ‘969 describes
transverse removable inserts connected to transverse end walls via tongue
and groove members. (Id. at col. 4, ll. 13-28). The end walls create vertical
posts when the ends of Horobin’s blocks are interlocked together. (Id. at
col. 4, ll. 40-43).
One of ordinary skill in the art would have understood that Horobin’s
removable end wall portions allow the skilled artisan to control the passage
of concrete between the interior cavities of an insulating block wall. We
conclude that one of ordinary skill in the art would have been guided to
employ Horobin’s removable wall inserts connected to transverse end walls
via tongue and groove projections and recesses in Guarriello’s insulating
blocks as Horobin’s inserts provide an easy design for controlling the
44
Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: September 9, 2013