Ex Parte Kinsley - Page 3



          Appeal No. 2005-1083                                                        
          Application No. 09/950,642                                                  

                                    THE EVIDENCE                                      
               The examiner relies on the following evidence:                         
          Terliska                 4,265,703                May 5, 1981               
          Metal Fibers,” Synthetic Fibers In Papermaking, 145, 157-61                
          and 167-80 (O.A. Battista ed., Interscience Publ., New York                 
          1964)(hereinafter referred to as “Battista”).                               
                                    THE REJECTION                                     
               Claims 1, 2, 4 through 11, 18 through 23, and 26 through               
          31 stand rejected under 35 U.S.C. § 103(a) as unpatentable over             
          Battista with or without Terliska.                                          
                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          applied prior art references, including all of the arguments and            
          evidence advanced by both the examiner and the appellant in                 
          support of their respective positions.  This review has led us to           
          conclude that the examiner’s Section 103 rejection is well                  
          founded.  Accordingly, we affirm this rejection for essentially             
          those reasons set forth in the Answer and below.                            
               We observe that the appellant unequivocally and clearly                
          states at page 1 of the specification that:                                 
               The present invention relates to a process for                         
               making a wet-layed metal fiber nonwoven sheet.  In                     
               particular, the present invention relates to such a                    
               process which employs a unique dispersing agent in the                 
               preparation of the metal fiber sheet.                                  
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