Appeal No. 1998-2129 Page 9 Application No. 08/561,816 nail tabs which would not have been patentably distinct from the product of claims 1, 10 and 21 of Lassiter (R.E. 35,603) taken with the teachings of Meeker. A review of each of claims 1, 10 and 21 of Lassiter (R.E. 35,603) reveals that a roofing material including a plurality of nail tabs secured thereto is required in each of those claims. Here, we agree with the examiner that it would have been prima facie obvious to one of ordinary skill in the art to form the nail tabs of claims 1, 10 and 21 of Lassiter (R.E. 35,603) using a thermoplastic or thermosetting material since such plastic materials are known to harden and form a secure base for holding a fastening device as generally suggested by Meeker. While appealed claims 1-7 describe the product at least partially in terms of the method by which it is made, we observe that the finished product not the method of making the product, is the focus of our inquiry since the patentability of such claims is determined based on the product itself. See In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985) ("If the product in a product-by-process claim is the same as or obvious from a product of the prior art, the claimPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007