Appeal Number: 2006-1962
Application Number: 10/133,776
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Spertus 3,606,726 Sep. 21, 1971
Alivizatos 4,607,403 Aug. 26, 1986
Fuss 5,826,404 Oct. 27, 1998
Bainbridge 6,032,300 Mar. 7, 2000
Claims 1, 2, 5, 7, 22 and 24 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Alivizatos.
Claims 1, 3 and 6 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Spertus.
Claims 1, 3, 4, 6, and 7 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Fuss.
Claims 1 to 3 and 22 to 25 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Bainbridge.
Appellants contend that the subject matter of the claims is not anticipated by
any of Alivizatos, Spertus, Fuss or Bainbridge. Specifically, appellants contend
that Alvizatos, Spertus, Fuss and Bainbridge do not disclose a porous membrane
having loose fill elements disposed therein that permit the membrane to be shaped
about an item of three dimensional shape.
The examiner contends that each of the references Alivizatos, Spertus, Fuss
and Bainbridge discloses a porous membrane having loose fill elements disposed
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