Ex Parte Sanders et al - Page 9

                Appeal 2006-1924                                                                                
                Application 09/954,506                                                                          

                web such that the discrete parts (fastener members) from the first and second                   
                streams are located on the base web in an alternating relationship along the                    
                first machine direction.  See Answer 11-12 and the corresponding portions                       
                of Rajala referred to by the Examiner.                                                          
                       Rajala, according to the Examiner (Answer 20), does not specifically                     
                disclose how the separate strips of fastener (webs) are obtained.   According                   
                to the Examiner (Answer 12 and 20), it would have been obvious for one of                       
                ordinary skill in the art at the time of the invention to obtain the two webs or                
                streams of fastener material of Rajala by furnishing a single stream or web,                    
                which is cut or split into the two streams of fastener as taught by Justmann                    
                or Roessler to furnish the requisite plurality of streams of fastener material.                 
                See, for example, col. 19, l. 50 through col. 20, l. 14 of Roessler and col. 14,                
                ll. 25-45 of Justmann.  We agree with the examine that one of ordinary skill                    
                in the art would have been led to employ such a conventional technique as                       
                taught by Roessler and/or Justmann so as to obtain the two webs/streams of                      
                fastener material desired by Rajala.                                                            
                       Appellants argue that Justmann and/or Roessler do not rotate fasteners                   
                before applying them to a base web, as here claimed.  However, as correctly                     
                noted by the Examiner (Answer 20), the rejection is over the combined                           
                teachings of Rajala together with Justmann and/or Roessler.  In this regard,                    
                we note that Appellants (Reply Br. 6) acknowledge that Rajala is concerned                      
                with supplying fasteners, as are Justmann and Roessler.  Moreover, we agree                     
                with the Examiner that one of ordinary skill in the art would have been led to                  
                obtain the two webs/streams of fastener material of Rajala using                                
                conventional techniques utilized in the manufacture of garments employing                       
                fasteners, such as the web splitting techniques of Justmann and/or Roessler.                    

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