Application of Carter

O’CONNELL, Judge.

This appeal involves two claims numbered 35 and 36 in appellant’s application for a patent on an elastomeric strip for vertical pavement joints and pertains more particularly to such a strip having sealed air pockets therein. Claim 36 is illustrative:

“36. A concrete construction comprising spaced-apart concrete slabs having inserted in the space therebetween a non-sectional strip of resilient elastomeric material, said strip consisting of a body portion of a height to fill the joint space and formed with a plurality of web separated longitudinal channels which are closed at…