Appeal No. 1997-1735
Application 08/391,668
28 are . . . spaced from each other by short folds 29 having crests 31, the long and short folds
forming valleys 32 at what
serves as the downstream face[,] . . . each of long folds 27 . . . is further provided with a short fold
33 at the upstream crest portion . . . to further increase the surface area exposed . . . upstream . . .
during filtering operations . . . and either face can serve as the upstream side of the medium” ( col. 3,
lines 24-42; emphasis supplied).
Accordingly, based on this disclosure in Harms, we cannot agree with the examiner that Harms
Figure 3 shows that high and low peaks can be employed on both the upstream and downstream sides
of the filter in a symmetrical configuration (e.g., answer, page 4). Indeed, while it is clear from the
disclosure in Harms that “long folds 27 having crest portions 28” with “short fold 33” on the upstream
side are the same as “short folds 29 having crests 31” on the downstream side, the concept of
alternating long folds and short folds on only the upstream side is maintained because “the long and
short folds [form] valleys 32 at what serves as the downstream face,” regardless of the orientation of
the symmetrical arrangement shown in Harms Figure 3. Thus, even if one of ordinary skill in the art
were to make further filters involving “any combination of the depicted embodiments” of Harms
(answer, page 4), there is no evidence in Harms that this person would arrive at the claimed invention
wherein the air filter has alternating high and low peaks on both the upstream and downstream sides
relative to a central plane.
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