Appeal No. 2007-0517
Application No. 10/768,647
Further, the plain language construction of Applicant’s splicing region is that the
splicing region constitutes the entire area bounded by the attached spliced material
and not a subset thereof.
The Examiner recognizes that fluid permeability through a perforated
material is dependent upon many factors including pore size, pore distribution,
flow rate and viscosity. (Id.). The Examiner contends however, that the total fluid
permeability through the entire splicing region of Roslund is not necessarily
decreased by the presence of the perforated splicing material. (Examiner’s
Answer, p. 7). Applicant’s disagree.
Roslund teaches a cement strip for creating a seam. To improve water
absorption, Roslund teaches that it is desirable to perforate the cement strip at
frequent intervals. Perforating the cement strip decreases the strip’s tensile
strength. Accordingly, Roslund teaches that there is a practical limit on the
number of perforations. Roslund achieves a balance of strength and perforations
such that, at best, “the porosity and moisture absorbing capacity of the felt at the
seam will be maintained to a large degree.” (Roslund at col. 1, ll. 10-14,
emphasis added).
One of ordinary skill in the absorbent material art would understand that
maintaining fluid permeability to a large degree implies that the fluid permeability
has been decreased. Specifically, we find that the Examiner has failed to
demonstrate that Roslund’s maintaining fluid permeability to a large degree
teaches or suggests “having a fluid permeability at least about as great as the fluid
permeability” of the absorbent materials being joined. Additionally, the examiner
does not allege that Platt ‘761, Erceg ‘820, Minarelli ‘639 or Boriani ‘592 teach or
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