Appeal Number: 2006-1962
Application Number: 10/133,776
a three dimensional object pushes against the membrane the elements permit the
membrane to expand and contract about the object preventing breakage of the
object (col. 3, lines 36 to 39).
Fuss discloses a membrane made of a flexible plastic material. The
membrane defines an interior space filled with a mass of elements (col. 3, lines 4 to
11). The membrane may be placed about a three dimensional item to cushion same
(col. 3, lines 45 to 49). Figures 2 and 7 depict that the membrane may be shaped
about a three dimensional item. Fuss discloses that the membrane has vent holes
27 and is therefore porous (col. 2, lines 27 to 32).
Bainbridge discloses a membrane 20 made of a porous, breathable and
flexible material that is preferably plastic mesh (col. 4, lines 41 to 46). The
membrane 20, as depicted in Figure 9, permits the membrane to be shaped about
an item of three dimensions. Bainbridge discloses that in one embodiment the
interstitial volume is about 25% to 30% (col. 5, lines 14 to 16). As such, the
elements take up 70% to 75% of the space within the membrane. The membrane is
heat sealable (col. 4, lines 45 to 47).
Claim construction
The issues decided in this case depend in part on a construction of the
recitation in claim 1 of the language:
to permit said membrane to be shaped about an item of
three dimensional shape to be packaged and to permit
said elements to move within said membrane to
accommodate the three-dimensional shape of the item.
The above quoted language of claim 1 is not limited to a membrane that is
able to totally surround an item. Rather, the language is broad enough to include a
membrane that is shaped about an item to any extent. We note that claim 1 does
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