Ex Parte Bergquist et al - Page 4




               Appeal No. 2006-0269                                                                                                  
               Application No. 10/166,154                                                                                            
                               Farrell teaches [an] effervescent cleansing composition                                               
                       contained in a pouch formed from first and second substrate sheets,                                           
                       at least one being water permeable. See col. 1, line 34 - col. 2, line                                        
                       64. …                                                                                                         
                               Farrell suggests a pouch having an abrasive non-woven                                                 
                       flexible sheet and a smooth sheet for rubbing against calluses.                                               
                       While Example 5 illustrates a pouch formed of non-woven                                                       
                       polypropylene, the reference fails to specifically mention meltblown                                          
                       or spunbond web, or spun lace web.                                                                            
                               Brennan teaches that disposable baby wipes made with                                                  
                       spunlaced sheet have been commercially successful due to its                                                  
                       inherent softness.  See col. 1, line 66 - col. 2, line 12.  The reference                                     
                       further teaches that spunbond webs and meltblown fibers in                                                    
                       comparison are relatively stiff.  See col. 7, lines 20 - 25.                                                  
                               Farrell and Brennan fail to teach [a] high loft sheet.                                                
                               Thaman teaches that a high loft sheet carded nonwoven fabric                                          
                       resin-bonded to an air-lad nonwoven material is a most preferred                                              
                       material for a dual-textured medicated pad for skin.  See col. 4, lines                                       
                       10 - 29. … The materials are said to have high degree of loft, greater                                        
                       cleansing capability and oil removal and improved rigidity.  See col.                                         
                       1, line 63- col. 2, line 9.  …                                                                                
                               The examiner concludes (Answer, page 5)                                                               
                               Given the general suggestion in Farrell that the cleansing pouch                                      
                       may comprise both smooth and abrasive non-woven sheets for effective                                          
                       rubbing and cleansing, it would have been obvious to one having ordinary                                      
                       skill in the art at the time the invention was made to have looked to the                                     
                       prior arts such as Brennan for soft and abrasive nonwoven sheets used in                                      
                       personal care art.  … It would have been also obvious to the skilled artisan                                  
                       to have modified the article of the combined references by substituting the                                   
                       nonwoven material with the high loft carded nonwoven material as                                              
                       motivated by Thaman because of an expectation of successfully                                                 
                       producing a dual-textured cleansing article with good cleansing capability                                    
                       and rigidity.                                                                                                 




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