it he said later with sufficient sheer strength so that the connector will prevent adjacent tiles from one relative to the connector or each other thereby creating gaps between the adjacent tiles during installation as the board acknowledges there is a plain ordinary meaning for describes three ways to tape carpet tiles together it's a piece of tape just like the patent specification distinguished as an unsuccessful attempt to solve the problem faced by the inventors the tape of  the sufficient sheer strength limitation a start up back of the step the board recognized that can if she does not disclose all of the characteristics of the invention of the word recognized you know she doesn't have the sufficient stiffness limitation it reached out to pass on for that reference that doesn't have anything to do with taping carpet times together but discloses a continuous anchor sheet subfloor these rigid thick abutting anchor sheets with fabric pieces stuck on to the top by a hook and loop system  looking at can a sheet on the board also acknowledge the key issue that is silent it doesn't tell you anything about the characteristics of the two pieces the board inferred or the sufficient sheer strength limitation and that finding is not supported by substantial evidence the word relied first on what it characterized as its common sense conclusion that one can or should have talks about the fact that the tape together carpet tiles won't rise up and feel awful under a vacuum it's actually disclosing the resistance to lateral sheer force of the words that anyone would know that when you run a vacuum over a carpeted surface you're generating not only vertical suction but also lateral shear there is not a shred of evidence in the record to support that the relevant person of ordinary force vectors created by vacuuming for evidence about the understanding of a person of ordinary skill receiver gets are you disputing it are you disputing the when you're vacuuming your carpet there aren't some horizontal vertical forces that are occurring during the vacuuming act there are multiple forces created during the vacuuming act and they all have a vertical component of the one that have a vertical component but when you say that they have a vertical component that suggests that they have other components as well which are not vertical that is that they have at least some that are of lateral still well and again there wasn't a record built on the spot the sufficient sheer strength limitation of the invention relates to a purely lateral sheer force and the one thing that is common to let something resists both pulling and stretching if it may be able to person of ordinary skill in the art at the time of the invention knew what i think about it he said tape and that's that it would not work everything about the art tight against using it he said tape there was a long accepted understanding in the industry that he said the tape would unsuccessful prior art attempt to solve the problem that the connectors solved mr gray in the i p r proceedings testified that after he had worked on a project for clueless installation after he had discussed this idea of using it he said but not using it to glue the tiles to the floor and after he had arrived at the idea of a connector that would connect carpet tiles and with steam lateral movement without pulling them to the floor then he went to a third party he went then to a fabricator and it took the fabricator fourteen to thirty days to come up with a prototype that was subjected to further testing in house and in the field so it wasn't as simple as going to an it he said tape manufacturer and saying give me the one that works for carpet tile installation identifying you know that the evidence is in fact there was no tape in the art that was ever developed designed or successfully used for carpet tile and still ation and tennis's tape expert told us that identifying a tape that would be suitable for a particular purpose like resisting lateral gapping between adjacent carpet tiles would involve a multitude of choices first to identify the core functions the tape must perform and then he said there are thousands of choices that would need to be made to identify the right film the right if he served the right combination of film or did he sort of to test those combinations to see if they would fulfill the poor functions right because you know you're two people's perspective one of still new york would be able to find the right kind of a piece of to made carpet tiles work for their intended purpose well it at least two things first you know the evidence of what actually happened in the real world works against that kinda shit came out in one thousand nine hundred line and until interface came up with its inventive connectors no one was using connectors with an adhesive layer to install connectors it described it's connectors as including the same characteristics and serving the same function as interfaces connectors and it relied on results of testing and faces connectors in its patent application i was powerful evidence of non obviousness that  resist in a sense it's functional claiming but that's alright as long as the function isn't inherent in the prior art and i would submit the function isn't inherent in the sides to come to a vote we believe was a very well reasoned and substantially supported decision there are only two suppose a key limitations to the claims that mr kerik just talked about the sheer strength limitation insufficiently and thereby creating gaps between adjacent tiles after installation that's come seven hundred sixty nine there's nothing else in the record if you look at the shiva and miss the care pointed to dr jensen and said that he said there was a anderson bradford and wood three of the experts employed by or retained by interface there were also they were talking about duct tape something you could buy from the hardware store and put it for a temporary installation up and stay linked if you're going to stay clean you're going to stay together in the horse and direction in addition to the vertical direction like a champ pointed out with the vacuum being vacuuming is going to prevent both vertical and horizontal movement also you know interface talks about the process here and they made a very big deal about saying that this was a long and arduous process and that he's gray who was identified by  we got the answer standard and lo and behold it doesn't define gap as it only referred to lateral movement so that he backtracked and said well they must have gotten it wrong and that he was going to call them out to tell them that they got it wrong and the anti standard that he was rely on says that dimensional stability is still problems dimensional stability refers to the ability of a carpet tile to lay flat so the up the ante standard that mr wood relied on actually says that gaps can cause from  the board did a very thorough job of going through each of this economic considerations that interface relies on and they said for each one there is no nexus around for instance with respect to long felt need he or those born are still the art that were skeptical of this invention it was merely some customers that were approached with respect to commercial success again they don't show that any of the commercial success was related to the the merits of the claim invention there were lots of reasons identified in the record for the increased sales including that the connectors the interface connectors were less expensive there was a return policy of recycling and reduced weight waste none of these are in the patents and there is evidence that there was a very aggressive marketing campaign with respect to the interface connectors the tactiles that established those were the reasons why the sales were successful if they were at all there's also no evidence about what the market share and what that actually met with respect to other sales or other methods of connecting carpet tiles and as you well know no one is buying actually buying connectors they're buying carpet tiles that's what drives sales and the connectors go along with  core requirements core requirements for an adhesive tape that would work to prevent lateral gap in between carpet tiles and kino she just says absolutely nothing about the characteristics of its single sided tape except the carpet tiles taped together with it won't given that they are such very different structures moreover what person would feel that this strikes me as a matter of just common sense that it wouldn't be all that difficult to substitute glue for velcro and if you have velcro it's just really difficult to go from that to and he said just i'm certainly the more information is required than saying simply substituted he said that additional structural when you've got a mechanical attachment of the box and loops the end he said particularly the piece of the of the invention as it's on one side of the connector it needs to be releasable but still to have that necessary to have sufficient sheer strength to i would urge your artist to look at the secondary considerations of non obviousness the board gave them passing treatment they are of significant weight they are the real world evidence that shows how the marketplace actually