Ex Parte NELSON - Page 4



                    Appeal No. 2002-0101                                                                                                                                  
                    Application No. 09/384,546                                                                                                                            

                              The following are our findings of fact with respect to the                                                                                  
                    scope and content of the prior art and the differences between                                                                                        
                    the prior art and the claimed subject matter.  Schonberg                                                                                              
                    discloses a target of flat, thin, flexible material with a sports                                                                                     
                    target imprinted on at least one side.  Schonberg can be                                                                                              
                    suspended or supported in a vertical or upright position.  Due to                                                                                     
                    the thin, flexible nature of Schonberg's target, Schonberg would                                                                                      
                    inherently transmit energy back to rebound a projectile if                                                                                            
                    Schonberg were mounted on a rigid wall.  As per our construction                                                                                      
                    of claim 1, however, the subject matter target is merely adapted                                                                                      
                    to be so mounted, and the claim does not actually require such a                                                                                      
                    mounting, appellant's arguments notwithstanding.  Schonberg does                                                                                      
                    not disclose hook-and-loop fastening material.                                                                                                        
                              Lapsker discloses a target 10 constructed of flat, thin                                                                                     
                    fabric of hook-and-loop material.  The projectiles 16, 20 of                                                                                          
                    Lapsker have hook-and-loop fastener 14, 22 attached thereto, and                                                                                      
                    they adhere to the fabric of Lapsker when they hit the fabric.                                                                                        
                    Lapsker's fabric is attached to a supporting framework by patches                                                                                     
                    38 of hook-and-loop material on the frame.  We further note that                                                                                      
                    the patches 38 of Lapsker are backed with an adhesive.  The                                                                                           
                    differences between Lapsker and the claimed subject matter are                                                                                        
                    that Lapsker does not show strips of hook-and-loop fastener, and                                                                                      
                                                                                    44                                                                                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007