Appeal No. 2006-1711
Application No. 10/805,935
Williams discloses an enclosure 16 for a backpack 58, the backpack 58
further including shoulder straps 52 and the enclosure 16 including a front panel
26, back panel 28, and a panel connecting the front and back panels comprising
two narrow side panels 34a, 34b, a top panel 32 and a bottom panel 30, each of
which is connected along its mutually coincident edge by stitching, energy sealing
or the like (col. 3, ll. 15-19). A pair of parallel zippers 14a, 14b extends along back
panel 28 and defines between them a flap of material 42 that is secured to
enclosure 16 at the intersection of back panel 28 and bottom panel 30. The zippers
14a, 14b are spaced apart at such a distance as to allow the shoulder straps 52 to
pass through the enclosure when flap 42 is secured out of the way, as illustrated in
Fig. 4 (col. 3, ll. 36-44). A third zipper 14c originates on front panel 26, travels
over top panel 32 and terminates between but just above termination point 38 of
zippers 14a, 14b on back panel 28 (col. 3, ll. 48-51).
The appellant’s argument as to why independent claims 1, 12 and 22 are not
anticipated by Williams is that, while enclosure 16 does have a zipper 14c
extending along at least two panels, with a beginning end on the front panel 26 and
a terminating end on the back panel 28, the enclosure 16 is not part of the backpack
(brief, p. 6). We find that the backpack 58, including shoulder straps 52, together
with its enclosure 16, can reasonably be considered to be a “backpack” as recited
in each of appellant’s independent claims. In this regard, we note that appellant’s
specification does not define the backpack or panels thereof so as to require that
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