Ex Parte Gillette et al - Page 6



          Appeal No. 2006-0778                                                        
          Application No. 10/266,917                                                  
          web can be an unbonded layer of loose fibers.  See column 12,               
          lines 43-49 of Goulait.  Goulait also teaches that the nonwoven             
          web can be in the form of a web of entangled fibers.  See column            
          22, lines 39-51 of Goulait.  See also the examiner’s findings on            
          page 14 of the answer in this regard.                                       
               In view of the above teachings of Goulait, we agree with the           
          examiner that Goulait suggests appellants’ claimed subject                  
          matter.  While Goulait does not specifically disclose a                     
          “spunlaced” fabric, Goulait suggests the use of a web formed by             
          mechanical entanglement, such as by carding.  Spunlacing is a               
          well-known mechanical entanglement process.  Absent evidence that           
          spunlacing provides for unexpectedly superior results in the                
          resultant nonwoven web, we affirm the obviousness rejection.                
               With regard to appellants’ argument that the claims do not             
          provide for bonding of the fibers via bonding to a backing                  
          layer, we agree with the examiner’s position on this issue.                 
          That is, at the bottom of page 14 of the answer, the examiner               
          states that appellants do not claim a loop structure comprising             
          entangled fibers without a backing layer.  Also, dependent                  
          claims 21-32 and 36 through 41 recite that the spunlaced fabric             
          is bonded to a backing layer.  Hence, we are not convinced by               
          appellants’ argument that the loop structures are formed without            
          requiring any bonding (either to other fibers or to a backing               
          layer).  On this issue, we are also not convinced by the                    
          declaration of A. Frank Baldwin, Jr. in this regard.                        
               In view of the above, we affirm the 35 U.S.C. § 103                    
          rejection of claims 1 through 32, 36 through 41, and 53 through             
          55.                                                                         


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