Appeal No. 2006-1692 Παγε 18
Application No. 10/068,243
for an aircraft cargo roller, to be able to sustain even the
worst loads, we find that the cargo roller of Thompson will
inherently have the characteristics required for an airplane
roller, as recited in claim 13.
Nor are we persuaded by appellant’s assertion (reply brief,
page 4) that Thompson is fabricated with a polymeric material,
not from a polymeric material. From our claim construction,
supra, we find that the language “fabricated from a polymeric
material” and the use of the transitional phrase comprising, that
the claim language is broad enough to be fabricated from other
materials in addition to the polymeric material. Accordingly, we
find that Thompson is fabricated from a polymeric material.
Nor are we persuaded by appellant’s assertion (reply brief,
page 6) that “the particular physical properties were identified
in applicant’s declaration filed March 19, 2003 as being
important to aircraft rollers differentiated from standard use.”
The rollers of Thompson are not for standard use, but rather
are specifically directed to cargo rollers for aircraft, with the
rollers being specifically designed to handle the worst loads
without product failure, which occurred in the past when nylon
rollers were used.
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