Appeal 2006-2708
Application 09/824,454
(b) a fibrous inner layer comprising from about 10% to about 60%
conjugate fiber, from about 10% to about 90% cellulosic fibers,
said inner layer bonded at discrete bond sites to said first outer
layer in a face to face relationship; and
(c) a second carded fibrous outer layer comprising from about 10%
to about 60% conjugate fiber, from about 20% to about 65%
cellulosic fibers, said second fibrous outer layer bonded at
discrete bond sites to said inner layer in a face to face
relationship.
The Examiner relies upon the following reference in the rejection of
the appealed claims:
Cohen US 5,505,719 Apr. 9, 1996
Appellant’s claimed invention is directed to a multi-layer nonwoven
web that is suitable for use as a wet wipe comprising a fibrous inner layer
that is bonded to first and second outer layers in a face-to-face relationship.
Appealed claims 1, 2, and 8 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Cohen. Claims 3-5 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Cohen.
We have thoroughly reviewed the respective positions advanced by
Appellant and the Examiner. In so doing, we concur with Appellant that the
Examiner has failed to make out a prima facie case of anticipation or
obviousness for the claimed subject matter. Accordingly, we will not sustain
the Examiner’s rejections.
The fatal flaw in the Examiner’s rejections is that Cohen fails to
describe an inner layer that is bonded in a face-to-face relationship with two
outer layers. Indeed, no one inner layer of Cohen is bonded to both of the
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