Appeal 2007-2783
Reexamination 90/005,509
Patent 5,533,499
convincing evidence of commercial success, but (2) even if there were
evidence of commercial success, that evidence is not commensurate in scope
with any claim on appeal because none requires two resilient bands in the
truss.
In light of the strong prima facie cased of obviousness and the
evidence of alleged commercial success which is without sufficient nexus to
the merits of the claimed invention, we conclude that the patentee has not
shown error in the obviousness rejection of claims 7, 9, 19, 20, 23-32, 34,
51, 54, 55, and 56 over Iriarte. And because claims 7, 9, and 25 have not
been argued separately from claims 1 and 24, the patentee also has not
shown error in the obviousness rejection of claims 7, 9, and 25 over Iriarte,
Schaar, and Davis.
G. Conclusion
The rejection of claims 19-48 and 53 under 35 U.S.C. § 112, first
paragraph, as without written description in the specification is reversed.
The rejection of claims 1, 8, 49 and 53 under 35 U.S.C. § 102(b) as
anticipated by Iriarte is affirmed.
The rejection of claims 19, 20, 23, 24, 26-32, 34, 51, 54-56 under 35
U.S.C. § 103 as unpatentable over Iriarte is affirmed.
The rejection of claims 7, 9 and 25 under 35 U.S.C. § 103 as
unpatentable over Iriarte, Schaar, and Davis is affirmed.
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