Appeal No. 2005-1988
Application No. 09/822,651
examiner also states that Wessels discloses a molded fastener
wherein a synthetic resin encapsulates the substrate, as shown in
Figs 4A-4F. The examiner’s position is that this results in a
polymer melt entangled with a fibrous surface of the web. We
agree.
Beginning on page 23 of the brief, appellants argue that
replacing Wessels’ polymeric web with the nonwoven fibrous web of
Allen is not a proper combination because there is no reasonable
expectation of success. Appellants argue that Wessels describes
the need for the polymeric material of the hooks to encapsulate
the substrate. Appellants argue that in contrast, the
elastomeric backings of Allen are generally described as films,
with no specific need for openings that would allow encapsulation
as discussed in connection with Wessels. As a result, appellants
submit that the asserted modification of Wessels using the
substrate of Allen would not reasonably be expected to form a
successful product.
In response, on page 12 of the answer, the examiner states
that Allen teaches that a composite female component of the
fastening device for the use in diapers comprising a non-woven
fibrous web joined to an elastic backing, provides a low cost
loop fastening material, instead of conventional knit or woven
fabric. The examiner relies upon this teaching for the
motivation to combine with Wessels.
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