Appeal No. 97-1088
Application 08/518,957
terms. Moreover, there is nothing in West’s drawings, or in any4
other part of the West disclosure, which supports the appellant’s
assertion that the compound 8 is a particulate. Finally,
although West does not expressly describe the raised lettering,
which is formed in part by the compound 8, as a gripping surface,
it is not apparent, nor has the appellant pointed out, why such
raised lettering is not inherently capable of being used to grip
the bottle A to which it is applied.
Thus, the appellant’s position that the subject matter
recited in claim 1 is not anticipated by West is not convincing.
Accordingly, we shall sustain the standing 35 U.S.C. § 102(b)
rejection of this claim.
We also shall sustain the standing 35 U.S.C. § 102(b)
rejection of claims 4, 22, 24 and 25, which depend from claim 1,
as being anticipated by West since the appellant has not argued
such with any reasonable specificity, thereby allowing these
claims to stand or fall with parent claim 1 (see In re Nielson,
816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987)).
4 Webster’s New Collegiate Dictionary (G. & C. Merriam Co.
1977) defines the term “solid” as meaning “being without an
internal cavity” or “not interrupted by a break or opening,” and
the term “bead” as meaning “a projecting rim, band, or molding.”
-6-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007