Ex Parte Bussey et al - Page 4

             Appeal Number:  2006-1962                                                                            
             Application Number:  10/133,776                                                                      

             therein that permit the membrane to be shaped about an item of three dimensional                     
             shape.                                                                                               
                    Appellants further contend that neither Alivizatos nor Bainbridge anticipates                 
             the subject matter of claims 2 and 22 because neither reference discloses that the                   
             membrane is a net bag.                                                                               
                    The examiner contends that both Alivazatos and Bainbridge disclose net                        
             bags.                                                                                                
                    Appellants contend that Bainbridge does not anticipate claim 23 because                       
             Bainbridge does not disclose a net bag with a mass of loose fill elements disposed                   
             within the bag which occupy up to 90% of the space within the bag.                                   
                    The examiner contends that Bainbridge discloses a net bag with a mass of                      
             loose fill elements disposed within the bag which occupy up to 90% of the space                      
             within the bag.                                                                                      
                    Appellants contend that Bainbridge does not disclose a net bag made of a                      
             material that has self-adherent characteristics as recited in claim 25.                              
                    Appellants have only argued the patentability of claims 1, 2, 22, 23 and 25                   
             and thus we will decide the patentability of these claims only.  The remaining                       
             claims stand or fall with these claims.                                                              
                                                    ISSUES                                                        
                    The issue is whether appellants have shown that the examiner erred in                         
             rejecting the claims under 35 U.S.C. § 102(b).                                                       





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