Appeal 2006-3161
Application 10/687,228
1 present invention could only be made with a significant amount of
2 experimentation (Brief p. 5).
3 Appellant further contends that Kratz does not disclose outer elbow
4 portions formed from a stretch fabric material (Brief p. 8).
5
6 ISSUES
7 The first issue is whether the Appellant has shown that the Examiner
8 erred in holding that the recitation in claim 10 of a “non-stretch” fabric
9 material does not satisfy the requirements of the enablement portion of the
10 first paragraph of 35 U.S.C. § 112.
11 The second issue is whether the Appellant has shown that the
12 Examiner erred in finding that Kratz discloses an outer elbow portion
13 formed from a stretch fabric material.
14
15 FINDINGS OF FACT
16 The Appellant discloses and claims a garment with outer elbow
17 portions 86, 88 formed of stretch fabric material (Claim 10; Specification, p.
18 8; Figure 5).
19 Kratz discloses a garment to be worn by a human being having
20 portions of the garment formed of mesh material and portions of the garment
21 comprised of natural or artificial leather (col. 1, ll. 63 to 67). The Examiner
22 is of the opinion that the mesh material is a stretch material and that this
23 mesh material is formed in the outer elbow portions.
24 Kratz teaches that the mesh material is located from the armpits
25 forward on the chest, rearward toward the back, and on the inside elbows
26 and the neck (col. 1, l. 61 to col. 2, l. 1). Kratz does not disclose that the
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Last modified: September 9, 2013