Appeal 2007-1168
Application 10/211,407
destroyed or damaged during handling prior to and during the lamination
process. (Answer at 4.)
45. The Examiner finds that Sorrick describes melt-blown polypropylene
layers 0.016 to 0.028 inches thick (i.e., 0.04 to 0.07 cm thick). (Answer at 4,
citing Sorrick at 4:8–20.)
46. The Examiner finds further that Sorrick describes meltblown
polypropylene layers having a weight of approximately 1.0 ounces per
square yard. (Answer at 4.)
47. The Examiner reasons that the ordinary worker would have been
motivated to use such a thickness in order to "prevent destruction or damage
to the layer during handling of the layer prior to the lamination process."
(Answer at 4.)
48. The Examiner also argues that the thickness of the meltblown
polypropylene layer would have been recognized as a result-effective
variable, and that therefore optimization of the thickness would have
involved only routine experimentation. (Answer at 4–5.)
49. According to the Examiner, "[s]ince both references are directed to
fibrous laminate structures, the purpose disclosed by Sorrick would have
been recognized in the pertinent art of Lutzow." (Answer at 4, emphasis
omitted.)
Tilton's Argument
50. Tilton argues that the Examiner relies on hindsight for the
combination of Lutzow and Sorrick. (Answer at 12.)
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