Appeal 2007- 0629
Application 10/419,765
Ex parte Levy, 17 USPQ2d 1461, 1464-65 (BPAI 1990); Ex parte Skinner, 2
USPQ2d 1788, 1789 (BPAI 1986).
C. Analysis
The Examiner finds that it is reasonable to presume that the air flow
resistance properties of the Vair mat are within the claimed range on the
basis that Vair uses like materials, i.e., a nonwoven mat of thermoplastic
fibers having integral skin layers (Answer 5). We cannot agree that this is
enough to establish that the air flow resistance property is inherently, i.e.,
necessarily, within the claimed range.
Vair describes a method of making meltblown fibrous insulation from
a nonwoven mat (Vair, col. 1, ll. 5-10). Vair is silent with regard to the air
flow resistance value of the mat. Vair describes a process of forming the
mat by air laying a nonwoven mat 30 of meltblown thermoplastic fibers and
passing the mat to nip roll station 44 where a skin is formed on one or both
surfaces of the mat (Vair, col. 6, ll. 1-5; Figs. 4-5). To form the skin, “the
mat 30 is passed between upper and lower heated, smooth surfaced,
cylindrical stainless steel nip rolls 54 and 56 (e.g. heated to a temperature
ranging from about 150° F. and about 350° F. and preferably about 240°
F.).” (Vair, col. 6, ll. 5-10). Vair discloses that “[a]s the upper major surface
of the mat 30 is brought into contact with the heated cylindrical surface of
the nip roll 54, the thermoplastic fibers at and immediately adjacent the
upper major surface of the mat 30 are melted by the heat from the nip roll to
form a thin melt layer on the upper major surface of the mat 30.” (Vair, col.
6, ll. 10-15). This melt layer cools and solidifies into skins 24 and 26,
preferably air permeable skins, integral with the fibrous core of the mat 30.
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