Appeal No. 1996-4035 Page 10
Application No. 08/257,431
perforations have a mean diameter of 20 to 100 microns is not
taught or suggested by the applied prior art. In that 8
regard, while Wavin does teach a polymeric film having
perforations with a mean diameter of 50 to 100 microns, Wavin
teaches that such perforations are provided at greater than
1000 perforations per square meter. It is our opinion that
the examiner has not established the obviousness of a
polymeric film having from 10 to 1000 perforations per square
meter therein and the perforations having a mean diameter of
20 to 100 microns.
In summary, we see no motivation in the applied prior art
of why one skilled in the art would have modified the device
of Schirmer to make the modifications necessary to arrive at
the claimed invention. Thus, the examiner has failed to meet
the initial burden of presenting a prima facie case of
8In fact, the examiner never determined that these
claimed limitations would have been obvious at the time the
invention was made to a person having ordinary skill in the
art.
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