Appeal No. 2002-0586
Application 08/949,213
torso section is “dimensionally accurate to simulate or represent [the] body size of a
human male who is 95th percentile in weight and stature, a human male who is 50th
percentile in weight and stature or a human female who is 5th percentile in weight and
stature.” (emphasis added). Further, we find from the description that the term “torso” is
limited to those which are manufactured.
The subject matter of claim 1 is directed to a design template comprising a torso.
The torso contains indicia of skeletal landmarks relative to a seated human body. The
design template is used for designing, evaluating and measuring human occupant
accommodation. The design template is designed to evaluate human occupant
accommodation selected from the group consisting of a 95th percentile male, 50th
percentile male and 5th percentile female. The selected design template has a posture
selected from the group consisting of an ERECT posture, a NEUTRAL posture and a
SLUMPED posture.
The Examiner rejected claims 1 to 6, 8 to 10, 12 to 17, and 19 to 32 as
unpatentable under 35 U.S.C. § 102(b) as anticipated by or, in the alternative, under 35
U.S.C. § 103(a) as obvious over Kaptur.
Anticipation under § 102 requires that the identical invention that is claimed was
previously known to others and thus is not new. See Scripps Clinic & Research Found.
v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991). A
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