Ex Parte Cheng - Page 14

               Appeal 2006-2453                                                                             
               Application 10/302,391                                                                       
               the membrane fold line.  Br. 7.  The Examiner argues that applying the                       
               substance along the fold (or crease) is implied in Simonetti.  Answer 13-14.                 
               According to the Examiner, sealing the cracks at the crease as taught by                     
               Simonetti is possible only before winding the membranes around the                           
               permeate tube, and Bray evidences that it is known in the art to seal the fold               
               of the membrane with a flexible adhesive prior to winding to prevent cracks.                 
               Answer 10.                                                                                   
                   As pointed out by Appellants, the Examiner has failed to provide                         
               evidentiary support for his contention that Simonetti’s application of UV                    
               curable adhesive is necessarily made prior to the formation of cracks.                       
               Simonetti specifically states that “cracks may appear” and “cracks may be                    
               sealed,” which suggests that the UV curable substances is applied only to                    
               those  specific areas of the membranes in which cracks have formed after                     
               assembly of the filtration module.  Br. 11.  Moreover, even if the Examiner’s                
               assumption were correct, the Examiner has not established that the only                      
               known method of preventing cracks is to apply adhesive “across the width”                    
               of the membrane.                                                                             
                   Because inherency may not be established by probabilities or                             
               possibilities, we conclude that the Examiner has failed to establish a prima                 
               facie case of anticipation of claims 1-4 which include the step of “applying a               
               UV curable adhesive to a surface of said membrane sheet, across the width                    
               of said membrane sheet.”  We further conclude that the Examiner has failed                   
               to establish a prima facie case of obviousness as to claims 2 and 5, since the               
               Examiner has failed to identify, in Simonetti, any motivation, teaching or                   
               suggestion to extend the application of a UV curable adhesive beyond those                   
               areas in which cracks have formed to cover “the width” of the membrane.                      


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