Appeal No. 2006-1390
Application No. 10/291,206
Claims 1 through 4, 6 through 8, 38, 39, and 42 through 48 stand rejected under 35 U.S.C.
§ 103 as being obvious over Dailey in view of Stumpf.
Claims 9, 40, 41, and 49 through 51 stand rejected under 35 U.S.C. § 103 as being obvious
over Dailey in view of Stumpf and further in view of Waldrop.
Claims 1 through 4, 6 through 9, and 38 through 51 stand rejected under 35 U.S.C. § 103
as being obvious over Waldrop in view of Stumpf.
The examiner relies upon the following references as evidence of unpatentability:
Waldrop et al. (Waldrop) 5,856,249 Jan. 5, 1999
Dailey et al. (Dailey) 5,985,961 Nov. 16, 1999
Stumpf et al. (Stumpf) 6,059,368 May 9, 2000
We have carefully reviewed the Examiner's Answer, Appellants' Brief and Reply Brief,1
and the evidence of record. This review has led us to the following determinations.
OPINION
I. The 35 U.S.C. § 103 rejection of claims 1 through 4, 6 through 8, 38, 39, and 42 through
48 as being obvious over Dailey in view of Stumpf
Beginning on page 3 of the Answer, the examiner's basic position is that Dailey suggests
appellants' claimed subject matter, but fails to teach the weave structure (leno configuration).
The examiner relies upon Stumpf for teaching a leno weave structure (Answer, page 4).
The examiner concludes that it would have been obvious to use the leno weave structure
taught by Stumpf for the weave structure in Dailey to produce a fabric that provides sufficient
aeration and a smooth seating surface (Answer, page 4).
1 In making our determinations herein, we carefully considered appellants' arguments as set
forth in the Reply Brief. Appellants’ arguments in the Reply Brief reiterate positions
expressed in the Brief. Appellants additionally note, on page 2 of the Reply Brief, that the
examiner’s attachment of a copy of Appeal No. 2005-0242 is not relevant. We are aware of this
decision and simply note that Waldrop was also applied in a rejection discussed in Appeal
No. 2005-0242.
-2-
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