Appeal 2007-1168
Application 10/211,407
describes the intermediate layer 14 of the structure shown in Figure 1, which
is reproduced supra. Sorrick teaches that the preferred embodiment uses a
melt-blown polypropylene layer having a weight of approximately
1.0 ounces per square yard. In this preferred embodiment, according to
Sorrick, "the intermediate layer of melt-blown material includes a thickness
of between 0.016 and 0.028 inches, and a fiber diameter of between 1 and
5 microns." (Sorrick at 4:17-20.) In this context, the thickness is clearly
that of the layer in the finished product. Moreover, we observe that Sorrick
teaches that "a standard layer of melt-blown material requires at least
0.6 ounces per square yard for any significant stability of the layer."
(Sorrick at 4:51-53.) Thus, the mechanical stability is reported to be a
function of the weight per unit area of the layer.
Tilton argues that the thickness of the melt-blown material layer
relates solely to the requirements of bonding layers by needling. Tilton,
however, does not direct our attention to any credible evidence supporting
this argument. We therefore reject his arguments that its teachings are
irrelevant to inventions involving webs of meltblown polypropylene fibers.
Tilton next argues that Sorrick's teachings of thickness of the melt-
blown fiber layer cannot be combined with the teachings of Lutzow because
Sorrick is concerned with high efficiency filtration, whereas Lutzow is
concerned with providing a "'barrier' against liquid passing from one outer
layer to the other." (Br. at 16.) Tilton asserts that "needling, such as taught
in Sorrick, would perforate the meltblown fiber layer and destroy the barrier
function desired in Lutzow." (Id., emphasis not reproduced.)
17
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: September 9, 2013