Appeal 2007-0254
Application 10/732,614
By carefully selecting the fibrous nonwoven web, the plastic for
forming the fastener and the operating conditions of the
process; it is possible to generate a wide range of products with
different degrees of fibers projecting from the surface of the
plastic thus providing a wide variety of products directed to
many different applications.
(col. 6, ll. 6-14).
Principles of Law
Obviousness under 35 U.S.C. § 103 does not require absolute
predictability of success. In re O’Farrell, 853 F.2d 894, 903-04, 7 USPQ2d
1673, 1681 (Fed. Cir. 1988). For obviousness under § 103, all that is
required is a reasonable expectation of success. Id.
Analysis
The Appellants argue that “the teachings of Kennedy would have led
someone of ordinary skill in this art, at the time of the invention, to expect
that such light non-woven materials [i.e., of the type taught by Lawless and
defined in appealed claim 1] would be flooded by the hook-molding process
[of Kennedy] to such an extent that they would not remain engageable”
(Br. 9).
However, this argument is contradicted by Kennedy’s express
teaching that his process may be used with nonwoven fabrics which are light
or heavy, thick or thin, dense or open (col. 5, ll. 58-59). The Appellants’
argument also is contradicted by Kennedy’s teaching that his process may be
used to generate a wide range and variety of products by carefully selecting
the fibrous nonwoven web, the plastic for forming the fastener, and the
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Last modified: September 9, 2013