Appeal 2007-2079
Application 10/185,220
Appealed claims 1, 5, and 9 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Suzuki in view of Delanty further in view of
Shimada.
We have thoroughly reviewed each of Appellant’s arguments for
patentability. However, we are in full agreement with the Examiner that the
claimed subject matter is unpatentable over the cited prior art. Accordingly,
we will sustain the Examiner’s rejections for the reasons set forth in the
Answer, as well as those reasons set forth below.
The Examiner contends that Suzuki describes a laminate material
comprising a base layer and facing layer that have thicknesses which overlap
the claimed ranges (Answer 3). The Examiner’s opinion is based on the
basis weight and density described in column 3, lines 3-11, of the Suzuki
reference.
Appellant contends that the Examiner has improperly interpreted
column 3 of Suzuki. Specifically, Appellant contends that the density of
0.01-1.17 g/cm3 and 0.003-0.06 g/cm3 refers to the adhesive bonding
materials of the upper and lower layers and not the fibers of the upper and
lower layers respectively (Br. 9).
Regarding the thickness of the upper and lower layers, Suzuki states
the following:
The terms “upper layer” and “lower layer” used in the present
invention do not indicate a state wherein thickness of a nonwoven
fabric is equally divided into two but indicate a case wherein in a
state of a plurality of fibrous webs formed through mixing of
different fibers being overlapped to constitute a nonwoven fabric,
such nonwoven fabric is divided into an upper layer having a
3
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