Appeal No. 1998-2817
Application No. 08/455,366
range of sample 1-7 varies from about 151-840 grams. See
specification, p. 30. Claim 19 requires the closed loop waist
elastic system to have a maximum magnitude of decay of less
than about 65.41 grams in an extension range of about 225
millimeters over the first three cycles while the maximum
magnitude of decay for the same range of sample 1-7 varies
from about 82-556 grams.
The pertinent teachings of Weil are described above.
Based on those teachings, it is our opinion that it would have
been obvious to a person of ordinary skill in the art prior to
the appellants’ invention to minimize the hysteresis loss and
the elastic creep of the elastic material used to produce the
closed-loop waistband disclosed in sample 1-7. As such, it
would not have been inventive prior to the appellants’
invention to
discover the optimum or workable ranges by routine
experimentation. In re Aller, supra; In re Woodruff, supra.
CONCLUSION
27
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