Appeal 2007-2157
Application 11/000,692
However, McMeekin does not describe using the same “ethylene
vinyl acetate copolymer” to adhere the pleats of the device to each other.
McMeekin states that the device includes a “securing means . . . for
substantially permanently holding the film together in the desired gathered
arrangement. As used herein, ‘substantially permanently’ means a period of
time at least as long as the film of the device is suitable for cleansing uses.”
(McMeekin, col. 3, ll. 54-58.) McMeekin discloses exemplary means of
substantially permanently securing the film (id. at col. 8, ll. 29-49), which do
not include the weak adhesives disclosed in the instant Specification.
The Examiner takes the position that the Specification
does not describe what constitute[s] a personal washing event.
In the claims[’] broadest sense, 3 to 100 personal washing
events may suggest washing 3 trucks 100 times. Accordingly,
the examiner contends that McMeekin et al teach the same
material with pleats which are adhered by an adhesive and the
examiner asserts that the non-woven material of McMeekin
would exhibit degradation in a similar manner, absent a
showing to the contrary.
(Answer 6-7.)
We do not agree with the Examiner’s position. As discussed above,
the Specification defines a “washing event” as “use of the fibrous web
against the body for a period from about 1 minute to 30 minutes”
(Specification 20). The Specification also states that “[e]ach event may
utilize from about 1 to about 50 grams, preferably from about 3 to about
15 grams of cleansing composition per event” (id.). Thus, it is clear from
the Specification that the “personal washing events” recited in the claims
include baths and showers but do not include washing vehicles.
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