Appeal No. 2005-1830 2
Application No. 10/180,228
INTRODUCTION
The claims are directed to a method of producing a nonwoven product and a
method of absorbing a liquid using the nonwoven product. Claim 1 is representative
and reads as follows:
Claim 1. A method for the production of a nonwoven product
comprising the steps of:
providing a nonwoven material having a bicomponent fiber of a
cellulose ester polymer and a second polymer selected from the group
consisting of polyolefins, polyesters, polyamides, and polyimides; where
said bicomponent fiber is either a core-and-sheath fiber or a side-by-side
fiber;
forming a nonwoven product from said nonwoven material where
said nonwoven product is selected from the group consisting of:
disposable towels; diapers; hygienic products; grips; “wet wipe" type
towels; and inserts for shoes and boots.
All of the claims on appeal, i.e., claims 1-7, 9-19, and 21-24, are rejected under
35 U.S.C. § 102(b) as anticipated by U.S. Patent 5,509,430 issued to Berger on April
23, 1996 (Berger).
We reverse for the reasons that follow.
OPINION
The determining issue in this case is an issue of claim interpretation.
Specifically, the question is: How much weight should be given to the recitation in the
claims that “said nonwoven product is selected from the group consisting of: disposable
towels; diapers; hygienic products; grips; ‘wet wipe’ type towels; and inserts for shoes
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