Ex Parte Bussey et al - Page 4


          Appeal No. 2006-1666                                                            
          Application No. 10/211,683                                                      

          comprising the presently claimed plurality of criss-crossing                    
          filaments that define a net that is laterally stretchable with                  
          limited longitudinal stretchability.  However, as appreciated by                
          the examiner, Sneyd does not teach that the filaments have a                    
          circular cross-section with a diameter of 1/8 inch, i.e., 125                   
          mils.  Rather, Sneyd teaches that the individual filaments may                  
          have diameters in the range of from about 3 to about 12 mils                    
          (column 7, lines 25 et. seq.).  Accordingly, it can be seen that                
          the claimed diameter of 125 mils is more than 10 times the upper                
          limit of the range disclosed by Sneyd.  Since Sneyd discloses                   
          that “[t]he present invention relates, generally, to absorbent                  
          articles configured for proximate contact with a mammalian body                 
          in order to receive a fluid containing discharge therefrom”                     
          (column 1, lines 9-12), and the present invention is directed to                
          insulation material, we must agree with appellants that one of                  
          ordinary skill in the art would not have had the requisite                      
          motivation to significantly increase the diameter of Sneyd’s                    
          filaments to conform to the claimed construction.  While the                    
          examiner maintains that “Sneyd teaches a general structure for                  
          any absorbent article for receiving a fluid containing discharge                
          from any mammalian body” and is not limited to the size                         
          constraints of a sanitary napkin (page 9 of the answer, second                  


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