Appeal 2007-1486
Application 10/339,003
Pavement Storage Co., 396 U.S. 57 (1969) (radiant-heat burner used for its
intended purpose in combination with a spreader and a tamper and screed);
Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976) (the involved patent
simply arranges old elements with each performing the same function it had
been known to perform); Dunbar v. Meyers, 4 Otto (94 U.S.) 187, 195
(1876) (ordinary mechanics know how to use bolts, rivets and screws and it
is obvious that any one knowing how to use such devices would know how
to arrange a deflecting plate at one side of a circular saw which had such a
device properly arranged on the other side).
As a preliminary matter we note that Appellant has grouped
dependent claims 2-10 with independent claim 1 (Appeal Br., 12).
Appellant has not separately argued the patentability of claims 2-10 and,
therefore, the patentability of claims 2-10 stand or fall with the patentability
of claim 1. Thus, we decide this appeal on the basis of claim 1. 37 CFR
§ 41.37(c)(1)(v).
A. Obviousness rejection based on Bafford and Isoda
1. the prior art
a. Bafford
In its "Background of the Invention" section, Bafford describes
upholstery fabrics used in vehicle seats, kitchen furniture, and public seating
in restaurants, theaters, etc. (col. 1, l. 3 - col. 2, l. 2). These fabrics usually
consist of a cotton, polyester or polyester/cotton scrim3 which is bonded to a
layer of vinyl or urethane (col. 1, ll. 53-55). The scrim fabric can be woven,
3 A scrim is a durable, plain-woven, usually cotton fabric for use in clothing,
curtains, building, and industry. Merriam-Webster's COLLEGIATE
DICTIONARY, tenth edition, p. 1050.
4
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