Appeal No. 2004-1583
Application No. 09/760,962
been made under 35 U.S.C. § 103(a), a prior art disclosure that
fully describes the claimed invention also renders the claim
obvious. In re Baxter Travenol Laboratories, 952 F.2d 388, 391,
21 USPQ2d 1281, 1284-85 (Fed. Cir. 1991); In re Fracalossi, 681
F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982); In re May, 574
F.2d 1082, 1089, 197 USPQ 601, 607 (CCPA 1978).
The appellants’ argument that the claimed invention solves
a problem and provides surprising results is also unavailing
because it is unsubstantiated by objective evidence. Moreover,
even if the appellants’ allegation were to be proven, such
evidence cannot constitute a factual basis to overcome a
rejection that fully described the claimed invention. In re
Malagari, 499 F.2d 1297, 1302, 182 USPQ 549, 553 (CCPA 1974).
We do not have to discuss Baravian, Pike ’400, Haid, and
Pike ’926 because they are not necessary to support the
examiner’s rejection of appealed claim 28.
Rejection over Pike ’926, Baravian, and Pike ’400
Pike ’926 describes a method of forming nonwoven fabric
comprising: forming a nonwoven web of conjugate fibers
containing at least two incompatible polymers; and then
splitting before or after the nonwoven web is bonded to form a
structurally stable nonwoven fabric. (Column 2, lines 2-16;
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007