Appeal No. 2006-1666
Application No. 10/211,683
one layer having a plurality of criss-crossing foamed filaments
that define a net with mesh openings wherein the cross section
of the filaments has a diameter of 1/8 inch. Appealed claim 17
defines an insulation medium having a plurality of layers of net
material disposed in overlying laminated relation to each other,
with each layer having a plurality of criss-crossing foamed
plastic filaments which define a net.
Appealed claims 1, 7, 8 and 39 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Sneyd. Claims 17
and 18 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Port in view of Li.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
that the examiner’s § 103 rejection over Sneyd is not well-
founded. However, we agree with the examiner that the subject
matter of claims 17 and 18 would have been obvious to one of
ordinary skill in the art in view of the applied prior art.
Accordingly, we will not sustain the examiner’s § 103 rejection
of claims 1, 7 and 8 and 39, but affirm the examiner’s § 103
rejection of claims 17 and 18.
We consider first the examiner’s § 103 rejection of claims
1, 7, 8 and 39 over Sneyd. Sneyd discloses an absorbent article
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