Appeal 2007-2198
Application 10/324,181
Appellants’ claimed invention is directed to a forming structure. The
structure is said to be useful in making three-dimensional, polymeric webs
having apertures. Claim 1 is illustrative and is reproduced below:
1. A forming structure for use in making macroscopically expanded,
three-dimensional, apertured polymeric webs; said forming structure
comprising:
a. a plurality of forming structure interconnecting members that
define a plurality of forming structure apertures, said forming
structure apertures permitting fluid communication between
opposing first and second surfaces of said forming structures;
b. a plurality of protrusions extending from said first surface of
said forming structure; and
c. said protrusions being generally columnar forms having an
average aspect ratio of at least about 1.
The Examiner relies on the following prior art references as evidence
in rejecting the appealed claims:
Trokhan US 4,528,239 Jul. 9, 1985
Curro US 4,695,422 Sep. 22, 1987
Turi US 5,567,376 Oct. 22, 1996
Ahr WO 97/00656 Jan. 9, 1997
Shimalla US 6,312,640 B1 Nov. 6, 2001
Claims 1 and 5-12 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Curro taken with Ahr, Shimalla, and Turi. Claims 2-4 and
13 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Curro
taken with Ahr, Shimalla, Turi, and Trokhan. Claims 1-13 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Turi in view of
Shimalla.
Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a
determination of: (1) the scope and content of the prior art; (2) the
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