Appeal 2007-0872
Application 10/159,762
1 side hem for reception of guide rods. On the other hand, Fernandez Lopez shows
2 that a hem at the margin of the roller blind web can be woven directly in the
3 material of the web. This is hem 10 of Fernandez Lopez designed for the reception
4 of the flat bar weight. Thus, Fernandez Lopez is suggestive of weaving a pocket
5 into a fabric and using the pocket for receipt of a rod or member that is to be
6 placed at the margin or edge of the fabric web. Accordingly, it is seen that to
7 replace the sewn hems of Schaap with a pocket woven directly into the fabric is a
8 simple substitution of one known element for another to obtain predictable results.
9 See KSR at 1740. Appellant’s argument regarding lack of motivation to combine is
10 unavailing in face of the Supreme Court’s decision in KSR. Furthermore, it is not
11 seen that whether all the woven pockets extend in a warp direction or in a weft
12 direction is a feature of patentable significance. Therefore, Appellant’s argument
13 directed to whether a hem is formed integrally on the bottom or side of the roller
14 shade is not convincing.
15 With respect to the rejection of claim 24, however, we do not find the
16 disclosure in any of the cited prior art involving woven or knitted webs which have
17 pockets that extend in both the web weft and web warp directions simultaneously.
18 Accordingly, we do not affirm the rejection of claim 24.
19 Similarly, with respect to the rejections of claims 29, 32, and 37-39, we will
20 affirm the rejection of these claims. Fernandez Lopez is a recognition in the art
21 that pockets for the receipt of reinforcing rods, weights, or the like can be woven
22 into the fabric rather than stitched therein. Accordingly, it is our view that the
23 provision of pockets in Gottschalk that are woven directly into the fabric is simply
24 combining prior art elements according to known methods to yield predictable
25 results. Id. We do not agree with Appellant’s contention that the fabric of
26 Gottschalk has already been guided before the pipes are received in the pockets.
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