Appeal No. 2004-1583
Application No. 09/760,962
Rejection over Baravian, Pike ’400, Haid,
JP ’936, and Pike ’926
As pointed out by the examiner (answer at 9), JP ’936
describes a method of preparing a nonwoven fabric comprising:
forming a substrate of multicomponent fibers (e.g., polyester-
polypropylene or polyester-nylon); intermittently fusing (i.e.,
pattern bonding) 0.5-30% of the surface area using embossing
rollers 12; and then splitting the bonded substrate by
subjecting the fibers with a jet of high pressure water at 30 to
100 kg/cm2.6 (Figures 2 and 3; abstract; paragraphs 0006-0015.)
Furthermore, as we discussed at the outset, the term
“continuous” recited in appealed claim 28 does not limit the
lengths of the multicomponent fibers to any particular values.
Thus, contrary to the appellants’ argument (appeal brief at
4), we determine that JP ’936 describes each and every
limitation of the invention recited in appealed claim 28. In re
Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir.
1997). While the examiner’s rejection of appealed claim 28 has
6 The appellants do not dispute the examiner’s
determination (answer at 9) that the splitting step described in
JP ’936 necessarily results in hydroentangling as recited in
appealed claim 28. In fact, the appellants admit that JP ’936
teaches pattern bonding fibers prior to entangling and
splitting. (Appeal brief at 5.)
6
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