Appeal No. 2003-0318
Application 09/377,262
1. A filter that comprises:
A fluid permeable first electret filter layer that comprises
fibers that contain a first polymeric material, wherein the first
electret filter layer exhibits nondecreasing removal efficiency
at completion of the DOP Penetration/Loading Test and removes a
majority of a challenge aerosol collected by the filter during
the DOP Penetration/Loading Test; and
a fluid permeable second electret filter layer that
comprises fibers that contain a second polymeric material,
wherein the second electret filter layer exhibits decreasing
removal efficiency at completion of the DOP Penetration/Loading
Test, and further wherein the second electret filter layer
exhibits an initial quality factor that is greater than an
initial quality factor of the first electret filter layer as
determined using the DOP Penetration/Loading Test.
The references relied upon by the examiner are:
Jones et al. (Jones) 5,411,576 May 2, 1995
Singer et al. (Singer) 5,817,584 Oct. 6, 1998
Ground of rejection
Claims 1-27 stand rejected under 35 U.S.C. § 103 as
unpatentable over Jones in view of Singer.
We reverse.
Discussion
The initial burden of presenting a prima facie case of
obviousness rest on the examiner. In re Oetriker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). In order to
establish a prima facie case of obviousness, the examiner must
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