Ex parte DALUISE - Page 4

          Appeal No. 1997-2275                                                        
          Application No. 08/390,281                                                  

          claims on appeal.  Fundamental to the examiner’s position is                
          the proposition that Sorathia would have suggested avoiding a               
          clog-problem in the method of Coke whereby the artisan with                 
          ordinary skill “would recognize (based on the Sorathia                      
          teachings) that by applying the rubber/latex mixture of Coke                
          without premixing (i.e., using the Fritz nozzle) one would                  
          obtain an advantageous result, no clogging of the spray                     
          equipment”.  As correctly indicated by the appellant, however,              
          the clogging problem of Sorathia is avoided by using milled or              
          powdered fibers in patentee’s resin/fiber mixture (see lines 9              
          through 16 in column 3).                                                    
               Thus, even assuming that an artisan would have considered              
          Coke’s method to have a clog-problem and would have been                    
          motivated to avoid this problem in light of the other applied               
          references, the resulting method would not correspond to the                
          here claimed method.  This is because Sorathia, the only                    
          reference to disclose a clog-problem, avoids the problem by                 
          using relatively small fibers.  From our perspective, it                    
          follows that, at best, Sorathia would have suggested avoiding               
          a potential clog-problem in Coke’s method by modifying the                  
          premixing technique of this method (see the paragraph bridging              


Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007