Ex Parte MAY - Page 7



          Appeal No. 2006-1309                                                        
          Application No. 09/166,625                                                  

          validity of the examiner’s finding.  In re Boon, 439 F.2d 724,              
          727, 169 USPQ 231, 234 (CCPA 1971).  Indeed, rather than                    
          asserting that it is novel to fuse synthetic fibers in a non-               
          woven fabric material, or presenting reasons why it would have              
          been unobvious to do so in the non-woven fabric material of                 
          Garland, appellant’s specification expressly discloses that                 
          “[t]he non-woven top layer 16 can include individual fiber                  
          filaments which may be heat fused together by using known                   
          manufacturing techniques which relate to the temperature and                
          pressure of the process” (page 11 of specification, second                  
          paragraph).                                                                 
               For the remaining separately argued claims, we adopt the               
          reasoning set forth in the Examiner’s Answer.  We note that, for            
          the most part, appellant’s arguments are based on the claimed               
          features discussed above.                                                   
               As a final point, we note that appellant bases no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut the prima facie case of                 
          obviousness established by the examiner.                                    
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, the examiner’s decision rejecting the               
          appealed claims is affirmed.                                                
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