Ex Parte Kinsley - Page 4



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

          Claim 1 is directed to a process for making a wet-layed non-woven           
          metal fiber sheet.  This process, according to claim 1,                     
          comprises, inter alia, dispersing metal fibers into an aqueous              
          dispensing fluid containing the unique dispersing agent                     
          and applying the resulting fluid containing the dispersed                   
          metal fibers onto a screen to form a metal fiber sheet.                     
          The appellant does not dispute the examiner’s finding that                  
          Battista teaches a process for making a wet-layed non-woven metal           
          fiber sheet corresponding to the claimed process, except for the            
          employment of the claimed mixing sequence and the claimed amount            
          of the unique dispersing agent (water soluble polymer) in the               
          dispensing fluid.  Compare the Answer in its entirety with the              
          Brief, page 4.  Thus, the initial question raised by the                    
          appellant is whether Battista alone, or together with Terliska,             
          teaches or would have suggested the claimed mixing sequence and             
          the claimed amount of the dispersing agent.  On this record, we             
          answer this question in the affirmative.                                    
               We note that Battista describes “[d]isperse and blend metal            
          fibers.  Add dispersing aids[, such as polyvinyl alcohol] and               
          carrier fibers” as the first stage of a “[m]etal fiber paper                
          manufacturing flow chart.”  See Battista, page 157, Figure 6.34             
          and page 161.  Substantial evidence supports the examiner’s                 
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