Appeal 2006-3343
Application 10/372,564
1 The term which is pivotal here is “non-woven stabilizing interfacing
2 fabric” and what it means in the context of the Appellant’s claims. The
3 Specification gives us some help in interpreting this term:
4 As illustrated, the disposable contour sheet 10 of the invention is
5 formed of a single, flat, unbroken and unfolded sheet of heavy
6 interfacing fabric that is soil, snag, run and tear resistant, while being
7 pliant and semi-absorbant of water and adhering loose hair to itself.
8 Known prior art use of interfacing fabric is limited to the garment,
9 upholstery and craft industries. Interfacing is a supportive fabric that
10 is placed between the facing and garment fabric. Interfacing fabric is
11 commercially available as woven, non-woven or knit fabrics that can
12 be applied by fusing (fusible) or sewing (sew-in). Non-woven
13 interfacings are usually made of polyester, rayon, nylon or a blend of
14 those fibers. The fibers are distributed at random and held together by
15 chemical binders and heat. Because they do not have a yarn direction
16 or grain, non-woven interfacings do not ravel and can be cut in any
17 direction.
18
19 The weight and amount of stretch of non-woven interfacing fabrics
20 vary significantly. Some non-woven interfacing fabrics are relatively
21 stable; others have varying amounts of stretch and give. Non-woven
22 stabilizing interfacings do not give or stretch appreciably in any
23 direction. Interfacing weights vary from sheer to quite heavy. The
24 heavy non-woven stabilized interfacings are primarily used for purses,
25 draperies and craft projects, and may be desirable in the garment
26 industry primarily for applications such as buttonholes and
27 waistbands. (Specification, p. 5, l. 28 - p. 6, l.15).
28
29 We conclude that, in the context of the Appellant’s Specification, a
30 non-woven stabilizing interfacing fabric includes a non woven polyester
31 fabric which is not stretchy. With this background in place, we look to the
32 Appellant’s contentions.
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