Appeal No. 2005-1988
Application No. 09/822,651
We note that the prior art can be modified or combined to
reject claims as prima facie obvious as long as the references,
taken as a whole, would have suggested the claimed invention to
one of ordinary skill in the art, and one of ordinary skill in
the art would have had a reasonable expectation of success in
making the combination. In re Merck & Co., Inc., 800 F.2d 1091,
1097, 231 USPQ 375, 379 (Fed. Cir. 1986). In the instant case,
the examiner has carefully explained the motivation provided by
Allen for making the combination with Wessels. Also, one skilled
in the art, given the teaching found in Allen, would expect a
likelihood of success in substituting a knit or woven fabric with
a non-woven fibrous web.
In view of the above, we affirm the 35 U.S.C. § 103
rejection of claims 40, 42-48, 50-53, 55, and 56-70, as being
obvious over Wessels in view of Allen.
VII. Conclusion
Each of the rejections is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§1.136(a).
AFFIRMED
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