Ex Parte Yanagi - Page 2




          Appeal No. 2004-0071                                                        
          Application No. 09/888,445                                                  


          substrate, cut and non-cut portions are formed in the substrate             
          along outlines defining the pieces.                                         
               The invention is more particularly described in claim 1 as             
          follows:                                                                    
                    1.  A porous sheet substrate for cutting off porous               
               sheet pieces, which comprises a polytetrafluoroethylene                
               porous material or a composite sheet comprising the                    
               polytetrafluoroethylene porous material and a gas-permeable            
               reinforcing member laminated on at least one side of the               
               porous material, wherein cut portions and non-cut portions             
               are formed along outlines of porous sheet pieces to be cut             
               in a manner which permits the porous sheet pieces to be cut            
               off against the non-cut portions by pushing the porous sheet           
               pieces to be cut.                                                      
               Claim 1 stands rejected for obviousness under 35 U.S.C.                
          § 103 in view of admitted prior art (as described on page 1 of              
          appellant’s specification) taken with the following prior art               
          reference:1                                                                 
          Wilk                      5,322,521                 Jun. 21, 1994           
               We have carefully evaluated the entire record on appeal in             
          light of the opposing positions taken by the appellant and the              
          examiner.  Having done so, we conclude that the admitted prior              
          art taken with Wilk supports a prima facie case of obviousness.             
          Accordingly, we shall affirm the examiner’s rejection.                      

               1A previously applied rejection under 35 U.S.C. § 112,                 
          second paragraph, is not mentioned in the examiner’s answer and,            
          thus, presumably has been withdrawn by the examiner on appeal.              
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