Ex Parte Marmon et al - Page 5




          Appeal No. 2004-1583                                                         
          Application No. 09/760,962                                                   

               Applying these principles, we find the following                        
          enlightenment in the specification (page 5, lines 9-16)                      
          regarding the term “continuous” recited in appealed claim 28.                
                    The term “fiber” as used herein refers to an                       
               elongated extrudate formed by passing a polymer                         
               through a forming orifice such as a die.  Unless noted                  
               as otherwise the term “fibers” include discontinuous                    
               strands having a definite length and continuous                         
               strands of material, such as filaments.  The nonwoven                   
               fabric of the present invention may be formed from                      
               staple multicomponent fibers.  Such staple fibers may                   
               be carded and bonded to form the nonwoven fabric.                       
               Desirably, however, the nonwoven fabric of the present                  
               invention is made with continuous multicomponent                        
               filaments which are extruded, drawn, and laid on a                      
               traveling forming surface.                                              
          From this description, one skilled in the relevant art would                 
          understand that “continuous multicomponent fibers” are not                   
          limited to have any particular length.5  Accordingly, we                     
          determine that the term “continuous multicomponent fibers” would             
          encompass multicomponent fibers of any length “extruded, drawn,              
          and laid on a traveling forming surface.”                                    





                                                                                      
               5  The term “multicomponent fibers” is defined as containing            
          “at least two components that occupy distinct cross-sections                 
          along substantially the entire length of the fiber.”                         
          (Specification, p. 1, ll. 18-20.)                                            

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