Appeal No. 97-3187
Application No. 07/999,422
has two faces, and (2) the binding filament and the trim
filament being of different constructions.
With respect to the web having two faces, it is our
opinion that such a limitation is inherently present in the
web recited in claim 1 from U.S. Patent No. 4,901,661.
With respect to the binding filament and the trim
filament being of different constructions, we note that claim
3 from U.S. Patent No. 4,901,661 recites that the trim
filament is of metallic thread and the binding filament is a
solid monofilament.
It is our opinion that claim 3 from U.S. Patent No.
4,901,661 can be equated to a species of the invention, while
pending claim 1 can be equated to a genus of the invention.
However, the generic invention of pending claim 1 is
"anticipated" by the species of the patented invention (i.e.,
claim 3 from U.S. Patent No. 4,901,661). See Goodman,
11 F.3d at 1053, 29 USPQ2d at 2016. Thus, without a terminal
disclaimer, the species claims preclude issuance of the
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