Ex Parte Arnold - Page 3


         Appeal No. 2003-1381                                                       
         Application No. 09/577,427                                                 

              On pages 5-6 of the Brief, appellant argues that Midkiff              
         does not teach to add monolobal fibers to bicomponent multilobal           
         fibers and that Powers also does not teach to add monolobal                
         fibers to bicomponent multilobal fibers.  See also pages 1-4 of            
         the Reply Brief.  On page 7 of the Brief, appellant states that            
         he has recognized that increased levels of monolobal fibers                
         result in decreased filter efficiency when added to multilobal             
         fibers.                                                                    
              In response, on page 5 of the Answer, the examiner states             
         that Powers teaches that adding monolobal fibers controls the              
         pore size of the web, which in turns customizes the filter                 
         efficiency.  The examiner states this would be true whether the            
         filter efficiency is increased or decreased by adding the                  
         monolobal fibers, since these are methods of customizing the               
         filter efficiency, which is related to the overall pore size of            
         the web.                                                                   
              Upon our review of Powers, we find that Powers teaches that           
         “ . . . it has been found that the microfiber may be used to               
         customize the porosity of the bicomponent fiber matrix.  Average           
         pore size may be adjusted by varying the level or diameter of              
         the microfiber.”  See column 4, lines 15-18.  Powers also                  
         teaches that “[a]ccording to the present invention, filtration             
         structures may be customized to a desired filter efficiency by             
         using microfiber to control pore size of the bicomponent fiber             
         matrix”.  See column 2, lines 19-22.  Hence, Powers teaches that           
         the porosity can be customized depending upon factors such as              
         the amount of microfibers and size of the microfiber, and that             
         filter efficiency can be adjusted according to porosity.  Hence,           
         we agree with the examiner that Powers teaches that the use of             
         monolobal fibers is a factor in customizing filter efficiency.             



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