Appeal No. 96-2630
Application No. 08/259,824
partially interdigitated ribs of the texturing rolls and the
number of passes through such rolls, are result effective
variables with respect to the “Average Percent Void Area” and the
geometric mean tensile strength of a tissue sheet. The discovery
of an optimum value of a result effective variable in a known
process is ordinarily within the skill of the art. In re Boesch,
617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980). In this light,
the teachings of Busker would have suggested the kind of
experimentation necessary to achieve a tissue sheet having the
specific values of “Average Percent Void Area” and geometric mean
tensile strength recited, respectively, in representative claims
23 and 26.
The appellants’ argument (see pages 5 and 6 in the brief)
that Busker is concerned with increasing the “external bulk” of
the tissue via inelastic embossed deformation rather than with
increasing “internal bulk” via elastic deformation (which is
conceded on page 5 in the brief to increase the “Average Percent
Void Area”) is not persuasive. The excerpts from the Busker
disclosure reproduced above clearly indicate that Busker’s
texturing roll treatment elastically stretches the tissue web.
Figure 4 and the associated discussion in columns 5 and 6 of
Busker’s disclosure confirm that such elastic stretching of the
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007