Appeal 2007-0098
Application 10/169,909
Claims 13 and 20 under 35 U.S.C. §103 as Unpatentable over the Combined
Disclosures of Schikowski, Quantrille, Radwanski, Haid, Roussin-Moynier,
Hamajima, and Optionally Suskind
The combined disclosures of Schikowski, Quantrille, Radwanski,
Haid, Roussin-Moynier, and Suskind are discussed above. Having
recognized Schikowski, for example, does not mention the length of heat-
fusible binding fibers, the Examiner has relied on the disclosure of
Hamajima and official notice to show that such length is conventionally
employed in the nonwoven absorbent wipe art. See the Answer, page 7.
Specifically, the Examiner has found (Answer, 7-8) that:
[I]t is conventional in the absorbent web making art to use heat-
fusible binding fibers having an average length in the range of
3-20 mm, and binder fibers having an average length of 3 mm
and 5mm are commercially available heat-fusible fibers as
exemplified in the teachings of Hamajima et al (col. 13[,] lines
3-16; examples 1 and 3)…it is well known and conventional in
the art to form an absorbent article comprising a superabsorbent
pulp. ..binder fibers with an average length of 3 mm and 5 mm
should not be expected…to contain any fibers greater than 6
mm and 10 mm, respectively.
The Appellant has not disputed this finding (Br. 9-10). In fact, the Appellant
has acknowledged that “the length of the fibers which are employed for the
preparation of a composite non-woven by an air-lay method are very short,
i.e., 8-10 mm maximum, e.g., 1 to 3 mm (Br. 10).” In other words, the
Appellant has admitted that Schikowski’s heat-fusible binding fibers
inherently have the claimed lengths since the heat-fusible binding fibers and
cellulose fibers used to form the multi-layered nonwoven fabric taught by
Schikowski are laid via an air-laying method.
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