Appeal 2007-1168
Application 10/211,407
layers that are bonded together by means of heat or spray adhesive. The first
layer can be made from a variety of fibers and is usually thicker. The
second layer is made from meltblown polypropylene fibers. In a second
embodiment, the meltblown polypropylene fiber layer is sandwiched
between two thicker layers.
The Examiner relied on the following prior art:
Lutzow US 5,466,516 Nov. 14, 1995
Sorrick US 5,714,067 Feb. 3, 1998
Nissan JP 10-203,268-A Aug. 4, 1998
The Examiner rejected claims 1 and 6–10 as being obvious under
35 U.S.C. § 103(a) over the combined teachings of Lutzow and Sorrick.
The Examiner also rejected claims 2, 4, 11–15, 19, and 20 as obvious
over the combined teachings of Lutzow, Sorrick, and Nissan.
B. Issues
The dispositive issue in this case is whether the Applicant ("Tilton")
proved that the examiner erred in concluding the claimed subject matter
would have been obvious as a result of improperly combining the references.
C. Findings of Fact
The following findings of fact and any set out in the Discussion are
supported by a preponderance of the evidence of record. Any conclusions of
law should be treated as such.
1. Tilton describes his invention generally as a fibrous blanket 10 that is
useful for sound attenuation in a variety of applications. (Specification at 6.)
2. Tilton describes two general embodiments of his invention.
2
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