Appeal No. 2001-1078 Page 6
Application No. 08/750,910
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Blok and claim 1, it
is our opinion that the only differences are that the plant
cube includes a plurality of sublayers connected by bends and
all the mineral fibers in the sublayers are parallel to each
other.
In the rejection before us, the examiner determined
(final rejection, p. 2) with respect to claim 1 that Blok
lacked only the limitation that all the mineral fibers in the
sublayers are parallel to each other and that such difference
would have been obvious to one having ordinary skill in the
art from the teachings of Dunn.
Even if the examiner's determination regarding the
obviousness of modifying Blok to have all the mineral fibers
in the sublayers to be parallel to each other in view of the
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