Appeal No. 2003-1876
Application No. 09/209,044
THE INVENTION
Appellants’ claimed invention relates to a three dimensional microfiber web.
According to Appellants, the invention is useful for use as a liner for personal care
products, such as absorbent underpants and bandages. (Specification, p. 1). Claim 1
which is representative of the subject matter on appeal is reproduced below:
1. A three dimensional material comprising an adhesively creped
microfiber web having an upper and a lower surface, each having a surface
energy, wherein said material has a ff(R) of less than 0.87, a SA/VV of less
than 186 cm2/cm3, and a caliper of less than 0.150 inches and wherein an
average pore size for a first volume encompassing a top surface is not the
same as an average pore size for a second volume encompassing a lower
surface.
As evidence of unpatentability, the Examiner relies on the following references:
Grossman 4,063,995 Dec. 20, 1977
Kobayashi et al. (Kobayashi) 4,810,556 Mar. 07, 1989
Chen et al. (Chen) 5,037,409 Aug. 06, 1991
Warchol et al. (Warchol) 5,602,209 Feb. 11, 1997
THE REJECTIONS
The Examiner rejected claims 1-7, 9, 10 and 19-20 under 35 U.S.C. § 103(a) as
unpatentable over the combination of Kobayashi and either Grossman or Warchol;
claims 11-18 and 21-32 under 35 U.S.C. § 103(a) as unpatentable over the combination
of Kobayashi, Chen and either Grossman or Warchol. (Answer, pp. 3-6).
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