Appeal No. 2006-1309
Application No. 09/166,625
event, the claimed thickness for the first layer would have been
obvious to one of ordinary skill in the art in the absence of
evidence of unexpected results. Again, no such evidence is of
record.
Appellant also maintains that the claimed thickness is not
a change in a condition of a prior art composition because the
prior art does not disclose a first layer of the claimed
thickness having a non-woven fabric material including natural
or rayon fibers. However, for the reasons set forth in our
Decision, we find that the claimed first layer would have been
obvious to one of ordinary skill in the art. We note that
appellant has not addressed our discussion concerning the
breadth of the appealed claims with respect to their
encompassing a first layer comprising both natural and synthetic
fibers in the non-woven fabric.
In conclusion, we have granted appellant's request to the
extent we have reconsidered our decision, but the request is
denied with respect to making any change therein.
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