Appeal 2007-1829
Application 10/098,801
FINDINGS OF FACT
The following are our findings of fact with respect to the scope and
content of the prior art and the differences between the prior art and the
claimed subject matter.
Robbins discloses a plastic article composed of flexible non-self
supporting webs disposed between adjacent pairs of ribs with the ribs and
webs cooperating one with the other, to provide a self-supporting sidewall.
Robbins makes clear that the webs extending between adjacent pairs of ribs
are thin, non-self supporting films of plastic material. Robbins discloses that
his ribs may be formed of any cross-sectional configuration. Robbins
mentions rectangular, semi-circular, triangular or other shapes as long as the
ribs maintain a capacity not to readily bend, deform or flex. (See col. 2, ll.
37-40.) A preferred material for Robbins is high density polyethylene. The
web portions of the articles made according to the Robbins disclosure are on
the order of 1-40 mils. See col. 6, l. 21.
It is undisputed that Lemery, Kidd and Maker disclose plastic
transportation cases for transporting large objects such as engines,
transmissions, drive belts, and turbochargers. All three disclosures illustrate
that it is common in the art of plastic shipping containers to utilize ribs of
rectangular or trapezoidal cross section.
OPINION
We are in agreement with Appellants that the disclosure of Robbins
would not have taught one of ordinary skill to make the reinforcing ribs in a
plastic engine container of semi-circular rather than rectangular or
trapezoidal cross section as disclosed in Lemery, Kidd or Maker. We must
4
Page: Previous 1 2 3 4 5 Next
Last modified: September 9, 2013