Appeal No. 1997-1122 Page 6
Application No. 08/170,177
art to improve absorption (answer, page 5). From the
examiner's perspective, this is so since it is allegedly well-
known that increasing surface area improves absorption
(answer, page 9).
The difficulty we have with the examiner's position is
highlighted by the examiner's viewpoint regarding the
obviousness of the additional spaces in the proposed modified
block body of the mat of Valley. This is so since the
examiner has not established where the teachings of the
applied references suggest this feature that is required by
all of the appealed claims herein. (answer, page 5). Even if
we could accept the examiner’s suggested officially noticed
fact that increasing surface area improves absorption, the
examiner has not met the burden of explaining why a skilled
artisan would have been motivated to use additional spaces
formed in a molded body as claimed herein as the means for
increasing surface area.
More fundamentally, however, we note that appellant
disputes the officially noted fact and the examiner’s
assertion of the obviousness of the claimed limitation at
issue. According to appellant, the examiner's officially
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