Restrictions, Election, Traversal, and Disclaimer

"The representative claims recite shower rings with specific design features: a slit extending through the ring to an opening, and in some claims, a "projecting edge" that extends from the ring's outer circumference. The accused products, manufactured by Marquis and sold by Kartri under the "Ezy-Hang" brand, featured rings with flat upper edges similar to Fig 21 above -a design feature that became the central battleground for determining infringement."

"During prosecution of the '248 patent application, the examiner issued a restriction requirement identifying multiple patentably distinct species and defined those species through specific figure groups. Critically, the examiner distinguished "Species IV" (Figures 18-20, depicting rings with projecting fingers or extensions) from "Species V" (Figure 21, depicting rings "with a flat upper edge"). The patentee elected to pursue Species IV without objection - i.e., election without traversal."

The Federal Circuit reversed infringement findings against Marquis Mills while affirming most findings against Kartri Sales. The patents cover hookless shower curtains that attach directly to a shower rod via reinforced ring openings with slits, eliminating separate hooks. Representative claims require a slit through the ring and, in some claims, a projecting edge extending from the outer circumference. The accused Ezy-Hang products had flat upper edges similar to Figure 21. During prosecution, the examiner issued a restriction requirement defining species by figure groups and distinguished Species IV (Figures 18-20) from Species V (Figure 21). The patentee elected Species IV without traversal and subsequently amended claims, with a dependent claim referencing the flat upper edge resurfacing.

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