Appeal No. 2006-0778
Application No. 10/266,917
non-interbonded fibers in a fibrous web of material, wherein the
loop structures of the spunlaced fabric are configured to engage
hooks from the hook component.
The examiner relies upon the following references as
evidence of unpatentability:
Goulait 5,326,612 Jul. 5, 1994
Menzies et al. (Menzies) 6,503,855 Jan. 7, 2003
Claims 1, 3, 8, 10 through 23, 25 through 32, 36, and 38
through 39 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Goulait. Claims 1 through 32, 36 through 41, and
53 through 55 stand rejected under 35 U.S.C. § 103 as being
obvious over Goulait in view of Menzies.
To the extent that appellants provide specific arguments
regarding patentability, with respect to a particular claim, we
consider such claim in this appeal. We therefore consider
claims 1 and 53. See 37 CFR § 41.37(c)(1)(vii)(September 2004);
formerly 37 CFR § 1.192(c)(7)(2003). Also see Ex parte Schier,
21 USPQ2d 1016, 1018 (Bd. Pat. App. & Int. 1991).
OPINION
I. The 35 U.S.C. § 102(b) Rejection of Claims 1,
3, 8, 10 through 23, 25 through 32, 36, 38, and 39
Appellants argue that the female component according to
their invention is formed by entangling fibers in a spunlaced
[emphasis added] fabric to form loop structures without
requiring any bonding (either to other fibers or to a backing
layer) to form the loop structures. Appellants argue that it is
the entangling process that forms the loop structures for the
female component without the necessity for any bonding.
Appellants argue that Goulait does not teach or suggest forming
loop structures by entangling unbonded fibers in a spunlaced
2
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