Appeal No. 1997-1491
Application No. 08/478,167
3, 4 and 7 under 35 U.S.C. § 102(b) as anticipated by
Saborsky. As explained by the examiner, Saborsky discloses
insulation comprising binderless, mineral fiber batt having
substantially
long fibers. Appellants' specification discloses that "long"
fibers are longer than 2 inches, preferably 7 inches and more
preferably 12 inches (specification page 10, lines 23-26). On
the other hand, Saborsky discloses that "[i]n the formation of
mats of this type, the fibers may be made long and fine, the
actual length being of many inches, feet or even miles, in
accordance with the conditions of operation" (page 2, column
1, lines 49-52, reference numeral omitted). Hence, since
Saborsky discloses insulation of binderless fibrous material
of substan-tially long fibers, we concur with the examiner
that there is no patentable, structural distinction between
the insulation of Saborsky and the claimed insulation wherein
the batt remains uncut during its formation and shaping.
Since the claim recitation "batt remaining uncut during its
formation and shaping" is product-by-process in nature, it is
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