Appeal No. 2006-2277
Application No. 10/390,459
presently claimed, to form the embossed, industrial fabric that
is used by Klowak in forming embossed paper products.
We do not subscribe to appellants' argument that Albert
teaches away from using non-laminated fabric for making the
embossed industrial fabric. While Albert describes
disadvantages associated with using non-laminated fabrics, such
as variations in thickness and compressibility at column 2,
lines 28 et seq., and Albert uses laminated fabric in making the
industrial fabric, Albert provides clear evidence that the use
of non-laminated fabric was known in the art. We note that
appellants have not established on this record that the claimed
non-laminated fabric does not experience the disadvantages
discussed by Albert.
As a final point, we note that appellants base no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the prima facie case of
obviousness established by the examiner.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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