Ex Parte Schmidt et al - Page 5

                Appeal 2006-2813                                                                                 
                Application 10/168,887                                                                           
                comprising first and second zones that are separated by a porous membrane                        
                assembly wherein the second zone is connected to a suction device, and the                       
                membrane assembly is capable of maintaining a pressure differential                              
                between the two zones without permitting air to penetrate from the first to                      
                the second zone.  As appreciated by the Examiner, "Lawrence does not teach                       
                the membrane material as having an actual surface area and a projected                           
                surface area, actual surface area more than twice the projected surface area,                    
                but less than 200 times" (page 9 of Answer, first sentence).  However, we                        
                fully concur with the Examiner that Blaney evidences the obviousness of                          
                utilizing an absorbent article having an actual surface area greater than the                    
                projected surface area for the purpose of enhancing the absorption capacity                      
                of the material.  While Blaney does not explicitly teach that the actual                         
                surface area of the membrane material is at least two times the area of the                      
                projected surface but not more than 200 times the area of the projected                          
                surface, we agree with the Examiner that it would have been obvious for one                      
                of ordinary skill in the art to resort to routine experimentation to determine                   
                the optimum actual surface areas of the membrane material, particularly                          
                since Corbin teaches a membrane material having an actual surface area                           
                within the claimed range.                                                                        
                       Appellants maintain that modifying the membrane of Lawrence in                            
                accordance with the teachings of Blaney would render the Lawrence                                
                member unsatisfactory for its intended purpose because the melt blow or                          
                spun bonded fibrous polymeric non-woven webs of Blaney would not permit                          
                air to pass, and, also, Blaney teaches that the non-woven is necessarily                         
                hydrophobic.   However, we agree with the Examiner that these arguments                          
                miss the thrust of the Examiner's rejection.  As explained by the Examiner,                      

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