Appeal 2006-2859
Application 11/062,725
1 FINDINGS OF FACT
2 Appellants’ claim 1 recites that the membrane is deformable in three
3 dimensions to envelop an item of three-dimensional shape. The term
4 “envelop” as disclosed and claimed by the Appellants is interpreted to mean
5 that the membrane completely encloses the item of three-dimensional shape
6 (see Fig. 5). This definition is consistent with the definition of the term
7 “envelop” in the Merriam-Webster Online Dictionary which is: to enclose
8 or enfold completely with or as if with a covering.
9 Tate discloses a porous deformable membrane having an enclosed
10 space filled with a mass of loose fill elements that can be molded to fit
11 around an object (col. 2, ll. 39 to 41). The membrane can be deformed to
12 totally envelop an item (col. 2, ll. 62 to 64). The item may be surrounded by
13 one or more bags (col. 1, ll. 61 to 63; col. 2, ll. 62 to 64). The membrane of
14 Tate is comprised of a plastic sheet material with perforations 20 (col. 2, ll.
15 32 to 33). As such, the membrane is porous by virtue of perforations 20.
16 The membrane of Tate does not form a net bag.
17 Alivizatos discloses a membrane defining an enclosed space filled
18 with a mass of loose fill elements (col. 3, ll. 39 to 47). The bag is formed of
19 flexible soft fabric (col. 5, ll. 33 to 34). The soft fabric is preferably cotton
20 fabric having an open mesh construction to facilitate the passage of air (col.
21 6, ll. 47 to 49) which is a porous material. The open mesh material is a net
22 as broadly claimed by the Appellants. The membrane is deformable in three
23 dimensions (see Fig, 2, for example). However, the membrane wraps
24 around an item so as to have two open ends (see Figs. 2 and 3). The
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