Ex Parte TAKANO et al - Page 19




            Appeal No. 1997-3524                                                  Page 19              
            Application No. 08/336,402                                                                 


            steps disclosed by Pall as part of the formation of the final                              
            product.  We disagree.  With regard to the functional limitation                           
            of “thereby forming restricted passages” as recited in claim 7,                            
            we note that the heat treatment of Pall also has the function of                           
            being a part of the formation of the micropores (restricted                                
            passages) therein.  In this regard, we note that claim 7 is open                           
            to the heat treatment recited therein functioning as a drying                              
            step or curing step that is part of the restricted passage                                 
            formation method.  We note that claim 7 is not limited to the                              
            preferred embodiments referred to at page 5 of the reply brief.                            
            Consequently, we do not find appellants’ contentions regarding a                           
            fundamental distinction over Pall with respect to this step to be                          
            persuasive.                                                                                
                  With regard to dependent claim 14, we note that no lower                             
            limit for the temperature range recited is specified.                                      
            Consequently, we agree with the examiner’s conclusion that Pall                            
            reasonably suggests a heat treatment temperature within the scope                          
            of claim 14.                                                                               
                  With regard to claim 19, appellant (brief, page 25) urges                            
            that Pall does not teach the use of a resin emulsion as required                           










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