Ex Parte PFEUFFER - Page 9


              Appeal No. 2005-2487                                                                                        
              Application 08/900,254                                                                                      

              the time the invention was made to calender (3) the paper-like sheet using profiled                         
              calender rolls (3a).  (Examiner’s Answer, page 5, lines 9-17).  The examiner observes                       
              that one of ordinary skill in the art was capable of choosing from the known methods of                     
              forming pleated filters and had an expectation of success in forming pleated filters.                       
                     The examiner has further found that neither Yamamoto or Norton disclose                              
              exerting tension on the fibrous web during a calendering/bonding operation (4a)                             
              (Examiner’s Answer, page 6, lines 1-8).  Whether or not this lack of exerted tension                        
              meets the limitation of “in a tension-free manner” is waived issue #4.  The appellant has                   
              not challenged this finding.                                                                                
                     The examiner has additionally found that Norton discloses avoiding pressed                           
              areas or flat spots (“flat bonding”) (4b) in order to avoid adversely affecting the porosity                
              or filtering capacity of the paper. (Examiner’s Answer, page 6, lines 17-21).  Whether or                   
              not this avoidance of flat spots fits within the definition of “flat bonding” is waived issue               
              #2.  The appellant has not challenged this finding.                                                         
                     The examiner has also found that the disclosure of Yamamoto that the blend of                        
              fibers is uniformly dispersed and the resultant sheet has satisfactory properties.  The                     
              examiner has concluded that this suggests that there are no inhomogeneities (4c) over                       
              the cross section of the nonwoven fabric.  (Examiner’s Answer, page 5, line 18 – page                       
              6, line 1).  Whether or not this uniform dispersion of the fibers fits within the scope of                  
              “without inhomogeneities” is waived issue #3.  The appellant has not challenged this                        
              finding.                                                                                                    





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