Ex Parte NAGAOKA et al - Page 8




           Appeal No. 2003-0060                                                                     
           Application 09/236,718                                                                   


           pressure liquid stream which causes the fibers to become                                 
           entangled (specification, page 16).  Pikes’ methods for splitting                        
           the fibers include spraying the fibers with hot water or steam                           
           such that the hot water or steam is rapidly applied to the                               
           fibers, and Pike teaches that the fibers can be hydroentangled to                        
           form a nonwoven fabric (col. 8, lines 33-38 and 45-46; col. 9,                           
           lines 33-39 and 43-46).  Thus, it reasonably appears that Pike’s                         
           entangled polyamide-polyester fibers are the same or                                     
           substantially the same as those of the appellants.                                       
                 The appellants argue that Nakamura teaches that his fibers                         
           are split using a high pressure water stream, and that this                              
           disclosure teaches away from combining Nakamura and Pike (brief,                         
           page 7).  Nakamura teaches that his fibers are split using “high-                        
           pressure jet sprays of water or the like” (page 4).  As discussed                        
           above, Pike teaches that his fibers can be split by rapidly                              
           spraying hot water or steam onto the fibers.  Thus, the                                  
           references would have indicated, to one of ordinary skill in the                         
           art, that the incompatible polymer combinations used by Pike                             
           would be suitable for making Nakamura’s nonwoven web using                               
           Nakamura’s fiber splitting method.                                                       




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