Appeal 2007-1220
Application 10/688,033
Findings of Fact Relating to Obviousness in view of Higashinaka
1. Higashinaka teaches a hook-like fastener height range of 1.3 to 3.8
mm (col. 6, ll. 8-10).
2. Appellants’ preferred range for “mean loop height” is less than
about 3.81 mm (Spec. 2, l.9) and, based on the absence of any additional
teachings for hook height and Appellants’ drawings, Appellants’ preferable
hook height range is also less than about 3.81 mm (see Spec. passim and Fig.
5).
3. Higashinaka teaches a hook-like fastener diameter range of 0.1 to
0.4 mm (col. 6, ll. 57-59).
4. Appellants’ preferred range for their hook filament diameter is
0.165 to 0.229 mm (Spec. 3, ll. 21-22).
5. Higashinaka teaches a woven base fabric with a thickness range of
0.3 to 3.0 mm (col. 5, ll. 21-22).
6. Appellants’ preferred range of fabric base thicknesses is “less than
about” 0.254 mm (Spec. 3, ll. 11-12).
7. Thus, Appellants’ preferred ranges for their hook filament height
and diameter and their base thickness either overlap with or are very close to
those disclosed by Higashinaka.
8. Further, as Appellants admit, combinations of Higashinaka ranges
yield the claimed relative values of claim 24 (hook filament height to
diameter “less than about 6.0”) and of claim 40 (base thickness “less than”
hook filament diameter). (See, e.g., 1.3 mm/0.4 mm < 6.0 (FFs 1, 3)
and 0.3 mm < 0.4 mm (FFs 3, 5); Br. 4 (admitting “values could be pulled to
derive ratios within the claimed ranges”).)
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Last modified: September 9, 2013