Appeal No. 2005-0958
Application No. 09/944,477
the above-mentioned feature missing in Ness. According to the
examiner (Answer, pages 11-12), such feature can be inferred from
Sisson’s teachings at column 36, lines 28-62, which is provided
below for convenience:
Accordingly, and with reference now to FIG. 19,
there is shown and illustrated apparatus generally
designated by reference character 30' substantially
similar to the apparatus of FIG. 6 but for
simultaneously extruding, drawing or drafting and
forwarding three distinct streams of filaments to form
a three layered unbonded web for bonding and
stretching, as by use of the remainder of the apparatus
30 shown in FIG. 6. The apparatus 30' may, more
particularly, produce a three layered cloth structure
having a relatively elastomeric filament layer
laminated between two relatively non-elastic filament
layers . . . .
However, nowhere does the examiner explain how the formation of
“a three layered cloth structure having a relatively elastomeric
filament layer laminated between two relatively non-elastic
filament layers” in Sisson would have resulted in or would have
suggested a composite sheet having “individual thermoplastic
fibers of the second web . . . neither fused nor mechanically
entangled tightly with each other between discrete areas where
the first and second webs are joined together . . . . [Emphasis
added.]” As properly pointed out by the appellant (Brief, pages
14-15), Sisson illustrates individual thermoplastic fibers of the
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