Appeal No. 2002-2246
Application No. 09/192,110
the desirability, and thus the obviousness, of making the combination. [Citations omitted].”
Lindemann Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730 F.2d 1452,
1462, 221 USPQ 481, 488 (Fed. Cir. 1984). In the present case, we answer this question in
the negative.
The Examiner asserts Pike teaches the creation of nonwoven web comprising
splittable bicomponent thermoplastic filaments wherein the filaments are formed from
incompatible polymers. The Examiner acknowledges that Pike does not include absorbent
fibers or superabsorbent particles as a third component. To remedy this deficiency the
Examiner relies on Hansen. According to the Examiner, Hansen describes a nonwoven web
comprising splittable fibers and absorbent pulp fibers and superabsorbent particles. The
Examiner concludes that it would have been obvious to include absorbent pulp fibers and
superabsorbent particles in the nonwoven composite of Pike to enhance the absorbent
properties. (Answer, pp. 4-5).
The subject matter of claims 1 and 43, all of the independent claims, includes a third
component within the matrix. The matrix of the claimed invention is the result of splitting
the bicomponent thermoplastic filaments.
Pike discloses splitting bicomponent thermoplastic filaments. The properties of the
split fibers include barrier properties, uniform fiber coverage and high fiber surface area.
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