Appeal 2007-2138
Application 10/645,885
Appellants claim a non-woven hydroentangled textile with a central
area of low basis weight surrounded on both sides by areas of higher basis
weight formed of synthetic fibers, the textile having an Air Permeability
ranging from 300 to 1000.
Representative claim 1 reads as follows:
1. A non-woven hydroentangled textile formed in cross-section with
a central area of low basis weight surrounded on both sides by areas of
higher basis weight, the areas of higher basis weight being formed of fibers
consisting of synthetic fibers, the textile having an Air Permeability ranging
from 300 to 1000 and being incapable of separation in multiple layers after
formation without destruction of the textile.
The references set forth below are relied upon by the Examiner as
evidence of obviousness:
Suskind ('320) EP 0308320 Mar. 22, 1989
Suskind ('467) 4,808,467 Feb. 28, 1989
Wagner 5,951,991 Sep. 14, 1999
Bouchette 6,110,848 Aug. 29, 2000
Bergquist 6,723,330 B2 Apr. 20, 2004
Claims 1, 3, 4 and 7-18 are rejected under the first paragraph of
35 U.S.C. § 112 as failing to comply with the written description
requirement.1
1 We observe that the Examiner's theory for this rejection is not applicable to
rejected claims 13 and 15 but is applicable to nonrejected claims 20 and 21.
These inconsistencies are harmless in light of our disposition of the § 112
rejection.
2
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