Appeal No. 2005-1083
Application No. 09/950,642
finding that implicit in the above description in Battista is
that the metal fibers are necessarily added to water (dispensing
fluid) containing a dispersing aid, such as polyvinyl alcohol.
As pointed out by the examiner (Answer, page 4), to do otherwise
would prevent one of ordinary skill in the art from “dispersing”
the metal fibers. Specifically, the examiner correctly reasons
(Answer, page 4) that:
It would defeat the purpose of using a dispersing agent
if the fibers are first agitated and dispersed in water
prior to the addition of the dispersing agent . . . a
fair reading would be to add the metal fibers with
agitation to water already containing the dispersant in
order to prevent entanglement and achieve uniform
dispersal of the fibers.
This reasoning is indeed supported by Battista which teaches at
page 161 that
less expensive types of metal fibers available today
possess dimensions and specific gravities different
from those observed on ususal papermaking fibers . . .
The use of mucilaginous materials, such as polyvinyl
alcohol, and carrier fibers, such as cellulose . . . ,
to help disperse the metal fibers to reduce the
incidence of excessive settling, to prevent fiber
entanglement . . . .
Thus, we determine that one of ordinary skill in the art would
have interpreted the phrase “disperse . . . metal fibers” in
Battista as adding the metal fibers to water containing the
dispersing aid to cause “dispersion” of the metal fibers.
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