Ex Parte PFEUFFER - Page 5


                Appeal No. 2001-0344                                                                                                           
                Application 08/900,254                                                                                                         

                         No temperatures, suitable materials, or examples wherein the process is                                               
                conducted are found within the four corners of the specification, leaving those details to                                     
                be understood by the person of ordinary skill in the art.                                                                      
                B.  The Rejection                                                                                                              
                         The Examiner notes in the rejection that Yamamoto discloses forming paper-like                                        
                polyester sheets of drawn and undrawn fibers and pressing the sheets using a heated                                            
                calender roll (Examiner’s Answer, page 4, lines 4-10).  The Examiner additionally notes                                        
                at page 5, lines 4 – 11 that                                                                                                   
                         it would have been obvious in the art to calender the paper-like sheet using                                          
                         profiled calender rolls to form a pleated filter sheet in the process of Yamamoto                                     
                         et al because: a) Yamamoto et al discloses that the paper-like sheet can be                                           
                         impregnated with a resinous material, calendered, etc. (col. 5 lines 1-4); b)                                         
                         Norton discloses forming corrugated (pleated) paper filter by calendering a                                           
                         fibrous sheet using a pair of profiled calender rolls (figures 1-2); and c) it is well                                
                         within the purview of choice in the art to choose from known methods based on                                         
                         their suitability for their intended purpose or use, none but the expected result of                                  
                         effectively forming a pleated filter would have been achieved.                                                        
                         In response, the Appellant states that the rejection is flawed in that Yamamoto                                       
                teaches away from the invention, and the proposed combinations fail to disclose all of                                         
                the limitations of the claims (Appeal Brief, page 3, lines 9-10).                                                              
                         The basic thrust of Appellants’ argument is that as Yamamoto teaches that                                             
                crimping of fibers is undesirable, one would then not be led to perform a calendering                                          
                step such as that of Norton as it crimps the fibers.  Oddly, this position is advocated                                        
                even though Yamamoto expressly suggests that:                                                                                  
                         The paper-like polyester fiber sheet of the present invention may be impregnated                                      
                         with a resinous material, laminated with other materials, calendered, embossed,                                       
                         or creped.  The processed paper-like sheet can be used as a pattern sheet, a                                          
                         leather-like sheet, a sheet for making artificial flowers, an adhesive tape, a wall                                   


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