Appeal No. 2004-1950
Application 09/352,612
Appealed claim 4, dependent on claim 1, specifies that only at least two bonding points
or lines only in at least one zone of overlap must be any width less than 5 mm, however small.
The claimed grids thus encompassed by appealed claim 4 has at least two spatially separate
bonding points or lines of 5 mm or less in width in one of the zones of overlapping biaxial strips
of any polymeric material and dimension, the remaining bonding points or lines in that zone
being of any dimension, and all of the remaining zones of overlap of the grid can be of the same
or different bonding construction, including zones in which all bonding points or lines exceed 5
mm in width and zones that are fully bonded. Appealed claim 6, dependent on claim 1, is drawn
in product-by-process format, see generally, In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964,
966 (Fed. Cir. 1985), and specifies that only the at least two bonding points or lines of the at least
one zone of overlap must be welded by means of a laser, that is, by any method in which a laser
is involved.3 The claimed grids encompassed by appealed claim 6 are those encompassed by
appealed claim 1 that have the same properties as would be imparted by bonding by a laser.
Appealed claim 16 is similar in language to appealed claim 1 but includes the further
limitations that tensile strength of the strap is higher in the lengthwise, that is, longitudinal,
direction, than in the width, that is, transverse, direction, and the limitation that the grid must
have “a strength about equal to the higher tensile strength in the lengthwise direction of the
strips.” There is no limitation on the nature of the biaxial polymeric strips; the presence of any
other materials in the grid, including reinforcing materials or other additive, permitted by the
transitional term “comprising,” see Baxter, supra; the angle of the overlap of the strips and any
other material; the location(s) and/or dimension(s) of the at least two spatially separated
bonding points or lines within the at least one zone of overlap; the number of such zones of
overlap; or any other feature which provide the “about equal” strengths of grid and strips.
Indeed, there is no claim language which specifies that it is the bonding of the at least one zone
of overlap, regardless of the bonding at any other overlap zone(s), which achieves the strength
3 The language of appealed claim 6 recites sufficient structure, “a laser,” to perform the
specified function, “ bonding points or lines are welded,” such that the language does not come
within the purview of § 112, sixth paragraph. See Al-Site Corp. v. VSI Int’l, Inc., 174 F.3d 1308.
1318, 50 USPQ2d 1161, 1166 (Fed. Cir. 1999).
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