Ex parte MACHO et al. - Page 8




          Appeal No. 96-1879                                                          
          Application 08/006,194                                                      


                    to be in harmony with the thickness of the                        
                    microporous sheet to be combined.  Generally,                     
                    the size or width of the pattern is not more                      
                    than approx. 10 times (preferably not more                        
                    than approx. 4 times) as much as the thick-                       
                    ness of the microporous sheet.  Thus, the                         
                    size and width of the pattern is preferably                       
                    as small and thin as possible, as far as the                      
                    desired tight fixation of the microporous                         
                    sheets is attained.  The appropriate space                        
                    between the dots or lines can be determined                       
                    experimentally so that no capillary action                        
                    is produced between the combined two micro-                       
                    porous sheets [emphasis added].                                   
          It is apparent from the above quoted passage from Hiratsuka that            
          the "up to ten times the thickness of the microporous sheets" the           
          examiner has referred to is not the thickness of the adhesive but           
          it is the area on the surface of the microporous layer occupied             
          by the adhesive.                                                            
               The clear disclosure of Hiratsuka throughout, and as                   
          particularly apparent from the passage quoted above, is that                
          "tight fixation of the microporous sheets" be attained "so that             
          no capillary action is produced between the combined two                    
          microporous sheets" (emphasis added).  Consequently, it is our              
          opinion that Hiratsuka teaches away from the proposed combination           
          with the teaching of Blatt of the formation of a capillary gap              
          between a test layer and a base layer.                                      



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