Appeal 2007-0872
Application 10/159,762
1 width, to receive the corresponding flat bar used as weight in the roller blinds.”
2 (Fernandez Lopez, col. 2, ll. 33-37).
3 Gottschalk discloses a retractable storm shade system with a roller blind web
4 36 having pockets 70 formed therein in the warp direction of the fabric. The fabric
5 is PVC coated. (Gottschalk, col. 4, ll. 32-26). Reinforcing rods 72 of Gottschalk
6 are provided with a length somewhat longer than the opening to be covered so that
7 when they are placed on raised members 50 they bow outwardly as seen in Fig. 3.
8 This bowing provides some measure of protection from flying debris (Gottschalk
9 col. 3, l. 63 – col. 4, l. 29). It is unclear from the disclosure of Gottschalk whether
10 the pockets 70 are woven into the warp of the fabric or whether the fabric has
11 multiple plies with the pocket 70 sewn therein. The Examiner directs our attention
12 to claim 5 of Gottschalk wherein it is stated that the fabric portion comprises a
13 single section of high strength fabric. The Examiner interprets this to mean a
14 single layer of high strength fabric. This appears to be conjecture on the part of the
15 Examiner, as a “single section” could refer merely to one piece of fabric.
16 Therefore, we are unable to find that Gottschalk is directed explicitly to a single
17 layer of fabric with pockets 70 woven therein.
18 Swanson has been cited to show a roller blind fabric having insulating, heat
19 collecting, or heat reflecting properties using a metallized Mylar plastic layer with
20 perforations, along with a black vinyl layer, and a transparent polyester plastic base
21 layer. (Swanson, col. 5, ll. 19-35).
22
23 PRINCIPLES OF LAW
24 A claimed invention is unpatentable if the differences between it and the
25 prior art are “such that the subject matter as a whole would have been obvious at
26 the time the invention was made to a person having ordinary skill in the art.”
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Last modified: September 9, 2013