Appeal 2005-2349
Application 09/961,126
element 48 of Wallick to meet the requirement for a water supply device as
specified in appealed claim 10. This reliance is contrary to the teaching in
the Wallick reference appearing at column 6 where it states "[t]hese nozzles
apply resin uniformly across the entire exposed surface area of the fluted
medium." (Wallick '391, col. 6, ll. 44-47). The Examiner has not identified
a teaching in the Wallick reference which discloses that the spray device
applies resin solely to the fluted area which is required by the apparatus of
the present claims.
To the extent that the Examiner is relying on the alternative means
described in Wallick for applying the resin (depicted in Figure 2b), the
Examiner has not established that this alternative means is capable of
applying solely a composition consisting of water. In column 5, Wallick
discloses the resin application station is designed to apply a "solution of
suitable strength enhancing resin" which is sprayed or otherwise applied to
all or a portion of the exposed surface of the fluted traveling medium. The
Examiner has failed to make a factual determination as to the consistency of
the resin employed in the resin application station versus that of water. That
is, the Examiner has not directed us to evidence that establishes the resin
composition has the same consistency and flow characteristics of water. It is
further noted that Wallick in column 5 discloses that it is desirable to apply
higher concentrations of resin along the throughs and flutes. Wallick further
discloses in column 5, beginning on line 30, that in an alternative
embodiment just the tips of the flutes are coated with the suitable isocyanate
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