Ex parte VAN ROSSEN - Page 6

                 Appeal No. 1998-3001                                                                                                                   
                 Application No. 08/318,645                                                                                                             

                 patent indicates (column 5, line 47) that the outer layers may                                                                         
                 be made of "Cerex".   As is quite clear from the Gin document,3                                                                                                    
                 and recognized by the examiner (final rejection, page 3), this                                                                         
                 reference is silent on the provision of a narrow protective                                                                            
                 strip.  On the other hand, the patent to Fesco teaches a                                                                               
                 narrow, reinforcing and auxiliary filtering insert 14 of felt-                                                                         
                 like material.  As seen in Fig. 1, the insert is held in place                                                                         
                 with adhesive strips 16, and the patentee expressly points out                                                                         
                 (column 3, lines 16 through 20) that the insert does not                                                                               
                 extend to either end of the blank to avoid a bulky                                                                                     

                          At best, it appears to us that one having ordinary skill                                                                      
                 in the art would have viewed the respective teachings of Gin                                                                           
                 and Fesco as alternative filter configurations.  Thus, if a                                                                            
                 narrower insert were desired it would have clearly been                                                                                
                 applied by adhesive and spaced from ends of the filter to                                                                              
                 effect a less bulky construction, following the teaching of                                                                            
                 Fesco.  Therefore, it is our opinion that a narrow protective                                                                          

                          3It is worthy of noting that appellant’s protective layer                                                                     
                 38 is indicated to be made of "CEREX" (specification, page 9).                                                                         

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