Appeal No. 2006-1711
Application No. 10/805,935
two side panels 34a, 34b and bottom panel 30, makes up a “side panel” connecting
the front panel 26 with the back panel 28. This interpretation of a “side panel”
made up of a plurality of panels stitched or otherwise fastened together is perfectly
consistent with appellant’s description of the panels, each of which “need not be an
integral piece or unit but instead may be comprised of multiple pieces or units
attached (e.g., sewn) together” (present specification, p. 6). We further note, in this
regard, that the disposition of Williams’ zipper 14c is much like that of appellant’s
zipper 130, which extends across the top of the backpack along a “side panel” 120,
which comprises material along the bottom, sides and top of appellant’s backpack.
The rejection of claims 3 and 14 as being anticipated by Williams is sustained.
With respect to claims 11 and 21, which call for the releasable securing
device or zipper chain to extend “sufficiently along the back panel of the backpack
so that the terminating end rests against a wearer’s body when worn,” the appellant
(brief, pp. 8-9; reply brief, p. 6) argues that Williams’ disclosure of the third zipper
14c as terminating “between but just above termination point 38 of zippers 14a and
14b on back panel 28” (col. 3, ll. 49-51), and thus above the shoulder straps,
compels a conclusion that the terminating end is above a point where it rests
against a wearer’s body when worn. After examining Williams’ Fig. 4 and Fig. 5,
we, like the examiner (answer, p. 5) discern that the slider of zipper 14c is not
illustrated in Fig. 5 at the terminating end of the zipper. If it were at the
terminating end, it would be much closer to the vertical location at which the
shoulder straps 52 pass through the opening formed between zippers 14a, 14b.
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