Appeal No. 1999-1332
Application No. 08/591,857
“building” a rigid frame around a rectangular filter pack by
separately adhering each of the four sides of the frame to the
edges of the filter pack in a sequential manner. Allan uses
words such as “slow,” “labor intensive,” and “expensive”
(column 1, line 40) and “very laborious” and “time consuming”
(column 1, line 65) to describe this “building” method. It is
a stated objective of Allan to alleviate these problems
(column 7, lines 17-21).
The above disclosure in Allan of the disadvantages, for
example, of a filter fabricating method that involves
“building” a rigid frame around the filter pack, and Allan’s
stated objective to alleviate these problems, would have acted
as a powerful disincentive to an artisan to employ the
techniques of Wasielewski in Allan. Accordingly, we believe
that one of ordinary skill would not have made the sort of
substitution proposed by the examiner in combining the
teachings of Allan and Wasielewski in the absence of
appellants’ disclosure. For this reason alone, the standing
rejection of claim 1 cannot be sustained.
Concerning the rejections of claims 2-14 that depend
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