Appeal No. 1998-0210
Application No. 08/149,193
result in indentation of a running surface as opposed to
penetration of the surface.”11
It is quite apparent to us that the bristles taught by
Jordan, Jr. do not correspond to the claimed ribs, i.e.,
ridges having a crest that is at least one line. Jordan, Jr.
simply does not disclose a crest of at least one line for the
bristles. For the above reason, claim 134 is not anticipated
by the Jordan, Jr. document, and the rejection of this claim
under 35 U.S.C. § 102(b) must be reversed.
The fourth rejection
On the merits, we reverse the rejection of claims 113
through 119, 121, and 128 through 130 under 35 U.S.C. § 103 as
11It is particularly important to recognize that the
bristles of the Jordan, Jr. patent, as set forth in each of
claims 3 and 9 thereof, extend from the bottom surface of the
body portions for a distance of between “about 1/16 inch to
1/4 inch” (about 0.0625 inch to 0.250 inch) which range
overlaps appellants’ rib or ridge height (specification, page
6) of between about 0.03125" (1/32 inch) and 0.125" (1/8
inch).
21
Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: November 3, 2007