Appeal 2006-2290
Application 10/278,190
F.3d 1553, 1555-58, 35 USPQ2d 1801, 1802-05 (Fed. Cir. 1995).2 The
absorbent layer can comprise any manner of open cell foam, as foam or
sheet, as well as any manner of fibrous mat, such as meltblown nonwovens,
both of which can be electrostatically charged, as provided in dependent
claims 11-14.
Thus, we determine the claimed methods as encompassed by claim 9
include a method of covering a work surface with an admittedly well known
absorbent with plastic backing where the plastic backing is electrostatically
charged to any extent (Specification 1:12-14), as well as a method of
covering a work surface in a kitchen with a electrostatically changed sheet of
plastic wrap and covering the sheet of plastic wrap with a paper towel sheet
to protect the work surface from uncooked meat and its juices.
We find that Siess would have disclosed to one of ordinary skill in
this art a method for protecting any manner of exposed surface, including
skin, from airborne contaminants, aerosol or particulate, such as in a surgical
procedure environment, wherein (1) a charge of a single polarity is placed on
2 Exxon Chem. Pats., 64 F.3d at 1555-58, 1558, 35 USPQ2d at 1802-05,
1804:
The specification as a whole, and the claims in particular, contain
no temporal limitation to the term “composition.” . . . The
composition of claim 1, once its ingredients are mixed, is a
composition existing during manufacture that is being used to
produce the end product. Consequently, as properly interpreted,
Exxon’s claims are to a composition that contains the specified
ingredients at any time from the moment at which the ingredients
are mixed together. This interpretation of Exxon’s claims
preserves their identify as product claims, and recognizes as a
matter of chemistry that the composition exists from the moment
created.
8
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