Appeal 2007-2079
Application 10/185,220
relatively higher density and a lower layer having a relatively lower
density. The term “density” means a case wherein the amount of
fibers and adhesive bonding materials in each of the upper layer and
the lower layer is averaged. The terms “containing amount of
adhesive bonding materials” and “denier” mean a case wherein a
containing amount of adhesive bonding materials and denier of the
fibers in the upper layer and the lower layer are averaged. (Suzuki,
col. 2, ll. 21-36).
Appellant's position is not persuasive in light of Suzuki’s discussion
of density set forth above.
Appellant contends that the airflow resistance value for the facing
layer of Suzuki differs from the claimed invention (Br. 10). The Examiner
contends that the airflow resistance limitation is inherent in the invention of
Suzuki (Answer 4).
Suzuki discloses that polyester is a suitable fabric for the upper and
lower layers (Suzuki, col. 3, ll. 14-19). Suzuki also discloses that the fiber
has a denier ranging from 1-4 and the density ranging from 0.01-1.17 g/cm3
(Suzuki, col. 3, ll. 3-6). The Specification discloses that when the facing
layer is constructed from polyester fibers having an average diameter of
between about 10 and about 50 microns which when intensified to a density
of between about 10 pcf (0.160184 g/cm3) and about 100 pcf (1.60184
g/cm3) provide an airflow resistance value of between about 100,000 and
about 3,500,000 mks rayls/meter (Specification 5). Thus, the Examiner
reasonably determined, based on the similarity of the components utilized in
the upper layer of the laminate material of Suzuki, that the airflow resistance
limitation of the claim would have been inherent in the invention of Suzuki.
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Last modified: September 9, 2013