Appeal No. 2004-0027 Page 11
Application No. 09/513,089
That which is inherently possessed by the prior art composition cannot cause a claim drawn to
that composition to distinguish over the prior art. See In re Best, 562 F.2d 1252, 1254, 195
USPQ 430, 433 (CCPA 1977).
If the foam composition of the Canadian document is inherently the same as the claimed
composition, then the only difference between the process of the Canadian document and the
claimed process is in the specific details of flame-lamination. That is because the Canadian
document expressly suggests flame-laminating the foam with textiles, but does not provide the
details of the process (see p. 10, ll. 9-11). We note, however, that the Examiner has established
that those details were known in the art (see, e.g., King).
CONCLUSION
To summarize, the decision of the Examiner to reject claims 5 and 6 under 35 U.S.C.
§ 103 is affirmed.
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