Ex Parte Shepard et al - Page 4



                Appeal 2007-0254                                                                              
                Application 10/732,614                                                                        

                                              Findings of Fact                                                
                      Appellants invented a sheet-form material comprising a base layer 82                    
                having hooks or stems integrally molded on a first side thereof and having                    
                nonwoven loop material 84 in situ bonded on a second side to thereby form                     
                back-to-back straps A and B of hooks and loops that are releasably                            
                engageable with each other (Specification 15:26-31; Figs. 10-10A).                            
                Advantageously, the nonwoven material is laminated in situ with the hook                      
                material using a layer of resin that forms the base of the hook material to                   
                bond directly to the nonwoven material, as generally taught by Kennedy in                     
                U.S. Patent 5,260,015 (Specification 19:7-9; Fig. 11).                                        
                      This ‘015 patent is the Kennedy reference applied in the rejection                      
                under review.                                                                                 
                      Lawless discloses a hook and loop fastening device comprising a non-                    
                woven fabric of the type claimed by Appellants which may be adhered or                        
                laminated to a backing layer (Abstract; col. 5, ll. 46-52; col. 6, ll. 26-34).                
                      Kennedy discloses a hook and loop fastener having hooks and loops                       
                on opposite sides of a back-to-back product such as a backstrap wherein the                   
                hooks and loops are laminated together via an intermediate layer of plastic                   
                (col. 6, ll. 38-51; Fig. 8).  The hook and loop fasteners of Kennedy are made                 
                using a hook-molding and laminating process (Fig. 2).  Kennedy teaches that                   
                this laminating process may be used with loop fasteners in the form of                        
                nonwoven fabric and that the nonwoven fabric may be light or heavy, thick                     
                or thin, dense or open (col. 5, ll. 46-59).  Additionally, Kennedy teaches:                   

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