Appeal 2006-3343
Application 10/372,564
1 art elements according to their established functions. KSR, 127 S.
2 Ct. at 1739, 82 USPQ2d at 1396.
3
4 We find Chamberlain describes a contour sheet which is an unbroken
5 and unfolded seamless sheet of fabric. (See Figs 1 and 6). The sheet is sized
6 to cover completely an upper surface and sides of a mattress and to partly
7 cover a bottom surface. A strip of stretchable material is attached to a
8 periphery of the sheet. Chamberlain also describes the use of a
9 “conventional fabric material” (2:5) for its bed sheet.
10 Denesuk describes a non-woven polyester fabric suitable for use in a
11 pet bed. (12:49-65).
12 Finally, the Appellant herself characterizes the disposable contour
13 sheet as being formed from a “conventional interfacing fabric”.
14 (Specification, p. 3, l. 20).
15 Each feature of the presently claimed invention is individually known
16 in the prior art; but that alone does not render the claimed invention obvious.
17 Rather, the question squarely presented is whether it would have been
18 obvious to substitute a non-stretchy polyester fabric for the “conventional”
19 fabric of Chamberlain’s fitted bed sheet.
11
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