Ex Parte Plotz - Page 7



           Appeal No. 2006-1392                                                                      
           Application No. 10/619,609                                                                
                 webs.  It is between 6 and 11 mm and leads to a strong                              
                 positive join of the synthetic fiber web to the mineral                             
                 fiber web by means of synthetic fibers pulled through                               
                 the latter.  Emphasis added.                                                        
           Moreover, we note that in an exemplified embodiment5 in a related                         
           Application 09619536, needling the synthetic and mineral fiber                            
           webs at 32 stitches/cm2, which is within the preferred stitch                             
           range taught in Greiser, is said to provide the claimed                                   
           penetration characteristics.  Thus, absent any evidence to the                            
           contrary, it is reasonable to infer that Greiser necessarily                              
           describes “part of said organic synthetic fibers penetrate                                
           through said fiberglass mat and lie adjacent to a side of said                            
           fiberglass containing mat that is opposite to said organic non-                           
           woven mat” as recited in claim 1.  Thus, we determine that                                
           Greiser describes or would have suggested at least the subject                            
           matter as recited in claim 1 within the meaning § 102(b) or                               
           103(a).                                                                                   
                 Upon return of this application, the examiner is advised to                         
           determine whether Greiser affects the patentability of the                                
           remaining claims.                                                                         



                                                                                                    
           5 The appellant did not disclose this embodiment in the subject application.              
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