Appeal 2006-2290
Application 10/278,190
We find Reader would have disclosed to one of ordinary skill in this
art a method using face masks to protect a surface of the face of the wearer
from airborne contaminates, aerosol and particulate, in a surgical procedure
environment while providing liquid strike-through protection, breathability,
and comfort. Reader’s masks include those embodiments having a
spunbonded/meltblown/spunbonded laminate, termed SMS laminate, as the
outer most, top or front absorbent layer and “at least one filter fabric in the
form of an electret meltblown fabric” as the only other type of layer, which
layers can form “a liquid impervious composite.” In these embodiments, the
electret layer would necessarily be situated against the face of the wearer.
Reader, e.g., col. 1, l. 5, to col. 2, l. 9, col. 2, ll. 11-15 and 20-39, col. 3,
ll. 3-10, col. 4, ll. 38-47, col. 6, ll. 19-30, col. 6, l. 63, to col. 7, l. 15. The
term “‘electret’ . . . means a treatment that imparts charges to a dielectric
material such as polyolefins.” Reader col. 4, ll. 49-64. Reader discloses
other embodiments in which an “inner layer,” formed from a variety of
natural and synthetic fibers, can be used next to the electret meltblown layer
“for contacting the face of the wearer,” providing “comfort to the wearer and
may also provide properties such as anti-wicking, liquid repellency, and
particulate filtration.” These mask embodiments have at least three different
layers. Reader, e.g., col. 2, ll. 15-19 and 39-43, col. 3, ll. 10-25, and col. 7,
ll. 16-29. Reader discloses the general form of face masks, including
multilayers, ties and nose pieces. Reader col. 7, l. 29, to col. 9, l. 26.
The Examiner does not rely on the disclosure of Chen, Milani, Martin
or Barby with respect to the rejection of claim 9 over the combined
teachings of Siess and Reader.
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