Appeal No. 2005-1988
Application No. 09/822,651
4. Capable of adapting to change or a variety of circumstances.
n.
1.
a. A flexible stretchable fabric made with interwoven strands of rubber or an imitative
synthetic fiber.
b. An object made of this fabric.
2. A rubber band.
The issue is whether Wessels uses an elastic material for
the web.
Upon our review of Wessels in this regard, we find that pile
core sheet S is made of a thermoplastic resin. See column 6,
lines 6-55 of Wessels. Particularly, the types of thermoplastic
resin are “nylon, polyester and polypropylene”. See column 6,
lines 40-41. Nylon and polypropylene are known for their
elasticity.3 Hence, we agree with the examiner’s position that
Wessels teaches that the web is an elastic material.
In view of the above, we affirm the 35 U.S.C. § 102(b)
rejection of claims 21-26, 28-31, 33, 39, 40, 42-48, 50-53, and
55 as being as being anticipated by Wessels.
3 See the attached article provided herewith entitled “Design Tools,
Design Guide”. On page 2 of this article, it is taught that materials
such as polyethylene, vinyl, polypropylene, or nylon have elastic
properties.
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