Appeal 2006-3304
Application 10/203,905
None of the dependent claim features, including those of separately
rejected dependent claims, have been separately argued by the Appellants.
Accordingly, in assessing the merits of the above-noted rejections, we will
focus on representative claim 13 which is the sole independent claim on
appeal.
OPINION
For the reasons set forth in the Answer and below, we will sustain
each of the rejections before us.
The sole argument advanced by the Appellants on this appeal is that
the microfilament nonwoven fabrics of Groten and Marmon do not possess
the independent claim 13 characteristic “the multi-component endless
filament split at least to 80% to form micro-endless filaments.” That is,
while the microfilament fabrics of Groten and Marmon are made from multi-
component endless filaments which have been separated or split to form
micro-endless filaments, the Appellants argue that the degree of separation
or split in these prior art fabrics is not “at least to 80%” as required by their
independent claim. According to the Appellants, to the extent the
Examiner’s contrary view is based on the theory of inherency, there is no
basis in fact and/or technical reasoning in support of such an inherency
position as required by Ex parte Levy, 17 USPQ2d 1461, 1464 (Bd. Pat.
App. & Int. 1990). We cannot agree.
As correctly explained by the Examiner, each of the aforementioned
references expressly discloses techniques for effecting the separation or
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