Appeal 2006-2290
Application 10/278,190
the increased comfort in the mask” of Reader and thus, “the reference
teaches that one would eliminate the sheet between the electret and the
particles” (id.). “In this regard, Applicant respectfully asks the Board to take
judicial notice of the fact that most people find that an electrostatically
charged article placed in contact with their skin produces an uncomfortable
sensation” (id.).
Appellant further argues “an absorbent uncharged sheet between the
electret and the particles partially shields the particles from” the electret,
reducing “the amount of repulsion to which the particles are subjected” (Br.
6). Appellant contends the uncharged absorbent sheet would attract and trap
the charged particles and “is diametrically opposed to the teachings of Siess
(id.). Appellant argues the Examiner’s position results in placing “an
absorbent sheet next to the person’s skin, not between the electret and the
particles” which does not satisfy the limitation of claim 9 (id. 6-7).
The Examiner responds claim 9 does not exclude any surface from
protection and “the multilayered mask of Siess is shown in direct contact on
an exposed . . . face” (Answer 8). The Examiner contends
Reader was not used to teach placement against the face of the
mask wearer as Siess shows this, but to show that the multilayer
mask of Siess comprises two adjacent electrostatically charged
layers, both made of polymer fibers and the outer layer serves to
not only function as filtration medium providing comfort, but
also may function as an absorbent layer required by Appellant’s
claims (Reader, col. 4, line 65-col. 5, line 14). Reader was used
more as a supportive teaching reference to show as evidence that
polymer fiber and paper layers function as absorbent layers in
face masks. Further, Both [sic] layers of the face mask of Siess
are electrostatically charged. Siess teaches the charge repels
airborne agents (Siess, col. 11, lines 44+), naming a repelling
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