Ex Parte SHIMALLA - Page 4




                Appeal No. 2002-2298                                                                           Page 4                   
                Application No. 09/442,442                                                                                              


                                        (2) a forming member mounted on said support structure and                                      
                                having a mounting surface on one side facing toward said one support                                    
                                surface of said support structure and having a web-engaging forming                                     
                                surface on the other side, said web-engaging forming surface including                                  
                                recesses, said forming member defining drain holes extending from said                                  
                                recesses through said forming member to said mounting surface, so that                                  
                                at least one of said drain holes faces said one support surface of said                                 
                                support structure, at least one of said drain holes extending at least partly                           
                                over said one support surface of said support structure; and                                            
                                        (3) a porous structure that is disposed between said support                                    
                                structure and said forming member mounting surface and that defines at                                  
                                least one curved surface which faces said one drain hole and which is                                   
                                located between said one drain hole and said one support surface;                                       
                                supporting a starting web of material on said web-engaging forming                                      
                        surface;                                                                                                        
                                directing fluid against said starting web to cause portions of said starting                            
                        web to be deformed into said recesses and to cause the formation of apertures                                   
                        through said starting web to define said apertured web as said fluid flows through                              
                        said apertures;                                                                                                 
                                draining at least some of said fluid at least (a) through said one drain hole,                          
                        (b) alongside said curved surface, and (c) past said one support surface; and                                   
                        removing said apertured web from said forming surface, wherein said apertured                                   
                        web has a reduced number of incompletely formed apertures relative to an                                        
                        apertured web made using a corresponding apparatus comprising said support                                      
                        structure and said forming member but not said porous structure.                                                


                The examiner's rejection                                                                                                
                        In the rejection before us in this appeal (answer, pp. 4-5), the examiner                                       
                ascertained that Turi discloses in Figure 16 a fabric that is placed on a belt, which is                                
                passed multiple times under a manifold with water jets to perforate the film, with a                                    
                vacuum source under the belt in the area of the manifold (column 7, lines 15-20).  It                                   
                was unclear to the examiner why any of the holes of the moving belt would be blocked                                    








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