Appeal No. 97-4161
Application 08/397,408
pattern is captured. The arrangement is not taught by the
reference, for there the rolls must be so arranged as to
create the pillow-like areas first.
In addition, the appellants have explained that by first
impressing a “relatively fine preparatory base pattern” upon
the web, a “stretchability” is created which allows the pillow
pattern then to be impressed without the danger of bursting
(specification, pages 3 and 4). In furtherance of this, they
have gone on to state that the number of pin-like depressions
which optimally will accomplish this is 35-400 per square inch
(page 5), providing that there at least one of these pin-like
depressions is present in each pillow-like area
(specification, page 7). Even if one considers areas 32 of
Bauernfeind ‘728 to be the required “pillow-like” areas, there
is no teaching in the reference that there be at least one
pin-like displacement in each, nor would such a requirement
appear to have any function or bearing upon the invention set
forth in the patent. We therefore
cannot agree with the examiner that the numerical requirements
would have been obvious to the artisan from the teachings of
the reference.
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