Ex Parte Shelley et al - Page 3



          Appeal No. 2005-1386                                                        
          Application No. 10/010,620                                                  

               a lofty, second nonwoven layer having stable, uncompacted              
          crimped homofilament fibers substantially free of melt bonding and          
          having sufficient integrity to withstand high speed web transfer;           
          and                                                                         
               the second nonwoven layer and the first nonwoven layer bonded          
          with sufficient integrity to withstand high speed web transfer.             
               The examiner has relied on the following references as                 
          evidence of obviousness:                                                    
          Kane et al. (Kane)          4,359,445          Nov. 16, 1982                
          Arnold et al. (Arnold)      5,707,468          Jan. 13, 1998                
               The claims on appeal stand rejected under 35 U.S.C. § 103(a)           
          as unpatentable over Arnold in view of Kane (Answer, page 3).  We           
          affirm the examiner’s rejection of product claims 21-25, 27 and 29-         
          38 essentially for the reasons stated in the Answer and our reasons         
          set forth below.  We reverse the examiner’s rejection of process            
          claims 7-11, 13 and 15-20 essentially for the reasons stated in the         
          Brief, Reply Brief, and those reasons set forth below.                      
          Accordingly, the decision of the examiner is affirmed-in-part.              
          OPINION                                                                     
               The examiner finds that Arnold discloses a method of making a          
          nonwoven fabric comprising depositing a nonwoven layer such as a            
          spunbonded nonwoven onto a belt, subjecting it to a hot air knife           
          (HAK)in order to impart sufficient structural integrity to the              
          layer for further processing, and depositing additional nonwoven            
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