Appeal No. 2002-0101
Application No. 09/384,546
Lapsker intends his projectiles to stick to the fabric. Baker
discloses a foam target for a sports game.
It is our view that it would have been obvious to use strips
of hook-and-loop fastener as disclosed by Lapsker to suspend or
support the target of Schonberg in a vertical or upright
position. It is our further opinion that the exact size and
shape of the hook and loop fastening, whether strips, or round
patches, or an entire panel backing, is a matter of design
choice, obvious to one of ordinary skill in the sports target
art.
Turning to appellant's arguments, we agree that Schonberg
does not expressly disclose mounting on a vertical surface.
Giving the claims their broadest reasonable interpretation, it is
our legal conclusion that such is not required by the "adapted
to" language of claim 1. We agree that the disclosure of Baker
contemplates absorbing energy. We have not relied upon it.
While we agree that Lapsker's fabric target is covered with hook-
and-loop fastening material, the clear teaching of patches 38 is
evidence of a recognition in this art that small areas of hook-
and-loop fasteners are sufficient to hold a lightweight fabric
target such as disclosed in Schonberg. Furthermore, we are of
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