Appeal No. 2002-1002
Application No. 08/820,506
of the intermediate layer as an edge stripe.” Claim 15, step e.
The examiner found that “since the Lochner material has the same
structure as the claimed material, presumably the Lochner [sic,
material] would inherently exhibit a central intermediate layer
which would show up as a stripe.” Examiner’s answer, page 6. We
disagree.
Inherency requires that the missing descriptive material is
necessarily present not merely probably or possibly present in
the prior art. Trintec Indus. Inc. vs. Top-USA Corp., 295 F.3d
1292, 1295, 63 USPQ2d 1597, 1599 (Fed. Cir. 2002). Lochner
teaches a method wherein three fabric webs are joined by
needling. See example 1. One of the webs is patterned.
However, there is no indication in the reference that the
intermediate layer would necessarily have a distinct color which
appears as an edge stripe. Thus, we cannot agree with the
examiner’s conclusion that Lochner’s material would inherently
exhibit a central intermediate layer which would show up as a
stripe.
Accordingly, the rejection is reversed as to claim 15.
Claims 16, 18 and 19
Each of claims 16, 18 and 19 includes the requirement that
the claimed element includes attachment means formed therein.
The examiner concedes that Lochner does not teach incorporating
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