Appeal Number: 2006-1962
Application Number: 10/133,776
not recite that the elements in the membrane are packaged so as to permit the
membrane to be shaped completely about an item of three dimensional shape.
The language of claim 25 of a packaging module having self-adherent
characteristics is interpreted to mean a membrane that is itself self adherent
without the addition of other elements or other processes.
PRINCIPLES OF LAW
To support a rejection of a claim under 35 U.S.C. § 102(b), it must be shown
that each element of the claim is found, either expressly described or under
principles of inherency, in a single prior art reference. See Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983),
cert. denied, 465 U.S. 1026 (1984).
ANALYSIS
As the claim language is broad enough to include a membrane that is
partially shaped about an article as depicted in Figure 3 of Alvizatos, Alvizatos
discloses each and every element of claim 1. However, as Alvizatos does not
disclose a net bag, Alvizatos does not disclose each and every element of claims 2
and 22.
Spertus discloses each and every element of claim 1. In particular, Spertus
discloses a porous membrane by disclosing a membrane which includes vent holes
with loose fill elements that occupy an amount of space sufficient to permit the
members to be shaped about an item of three dimensions.
Fuss discloses each and every element of claim 1. In particular, Fuss
discloses and depicts in Figures 2 and 7 a membrane which is shaped about an
item.
7
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