Appeal Number: 2006-1962
Application Number: 10/133,776
Specifically:
Does Alivizatos, Spertus, Fuss or Bainbridge disclose a porous membrane
having loose fill elements disposed therein that permit the membrane to be shaped
about an item of three dimensional shape?
Does Alivizatos or Bainbridge disclose that the membrane is a net bag?
Does Bainbridge disclose a net bag with a mass of loose fill elements
disposed within the bag which occupy up to 90% of the space within the bag.?
Does Bainbridge disclose a net bag made of a material that has self-adherent
characteristics?
FINDINGS OF FACTS
The references
Alvizatos discloses a membrane defining an enclosed space filled with a
mass of loose fill elements (col. 3, lines 37 to 43). The elements are packed so as
to take up approximately 60% to 70% of the interior space (col. 4, lines 14 to 18).
The bag is formed of a flexible cloth fabric (col. 3, lines 16 to 17) which is a
porous material. As shown in Figure 3, the membrane may be shaped about an
item of three dimensional shape and permit the elements to move within the
membrane to accommodate the three dimensional shape of the item. The flexible
cloth disclosed in Alvizatos is not a net and therefore Alvizatos does not disclose a
net bag.
Spertus discloses membrane defining an interior space filled with a mass of
elements (col. 1, lines 26 to 34; col. 3, lines 22 to 25). The membrane is porous as
it is made to have perforations 39 (col. 3, lines 33 to 36). Spertus discloses that as
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