Appeal No. 2006-1587
Application No. 10/020,768
296 (CCPA 1976)(affirming an obviousness rejection of a claim to
a chemical process in which the first stage was conducted at 0-
50° C when the prior art process conducted the first stage at
60-90° C); In re Hill, 284 F.2d 955, 958-59, 128 USPQ 197, 199
(CCPA 1960)(affirming an obviousness rejection of a claim to a
chemical process conducted at 150-250° C when the prior art
disclosed the same reaction at 300° C). Here, as evidenced by
the Figure of Heidweiller, the properties of the mixtures of
fibers were known and the same or similar results have been
reasonably expected at the here claimed 40% content. O’Ferrell,
58 F.2d at 904, 7 USPQ2d at 1581. This knowledge of the general
conditions is the basis for the case of prima facie obviousness.
Therefore, it is our determination that the Examiner has
established a prima facie case of obviousness regarding the
subject matter of claim 13 which the Appellant has failed to
successfully rebut with argument or evidence of nonobviousness.
Regarding claim 14, Appellant argues that this claim
provides that the base web includes polyethylene terephthalate
fibers in an amount of about 60 to about 75% by weight and that
Heidweiller “cannot possibly teach or suggest” this amount as it
requires at least 50% by weight of glass fibers (Brief, page
12). The Examiner also maintains the position that this
limitation is a result effective variable (Answer, page 16). We
find Appellant’s arguments to mirror the arguments regarding
claim 13 and, as indicated above, we conclude that one skilled
in the art would have had a reasonable basis for expecting that
a 60% polyethylene terephthalate fiber amount would have the
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