Ex Parte Bennett et alDownload PDFPatent Trial and Appeal BoardFeb 13, 201311434941 (P.T.A.B. Feb. 13, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/434,941 05/16/2006 James Calvin Bennett 7582 4625 29602 7590 02/14/2013 JOHNS MANVILLE 10100 WEST UTE AVENUE PO BOX 625005 LITTLETON, CO 80162-5005 EXAMINER GRAY, JILL M ART UNIT PAPER NUMBER 1789 MAIL DATE DELIVERY MODE 02/14/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE _________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _________________ Ex parte JAMES CALVIN BENNETT, BARRY NELSON EDGE, CHARLES RUSSELL GRANGER, and CHARLES FANCIS KERN _________________ Appeal 2011-003908 Application 11/434,941 Technology Center 1700 _________________ Before TERRY J. OWENS, MICHAEL P. COLAIANNI, and DEBORAH KATZ, Administrative Patent Judges. Per curiam. DECISION ON APPEAL Appeal 2011-003908 Application 11/434,941 2 Appellants1 seek our review, under 35 U.S.C. § 134(a), of the Examiner’s decision to reject claims 1-4 and 6-10. (App. Br. 2.) We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. The Examiner rejected claims 1-4 and 6-10 under 35 U.S.C. § 103(a) over Foss ‘2442 in view of Foss ‘4953 and Baker4 (Ans. 3-6.) Appellants do not argue for the separate patentability of any of the claims. Appellants claim water filter media, specifically, as recited in claim 1, which is representative: A water filter medium comprised of a majority of core- sheath fibers with the sheath portion containing an antimicrobial agent, and with the core-sheath fibers being polyester spunbond fibers with both the core and sheath portions comprising a polyester polymer. (App. Br. 8, Claims App’x.) Contrary to Appellants’ argument (App. Br. 4), the Examiner’s findings that Foss ‘244 teaches fibers with a sheath and a core of polyester (PET), that include antimicrobial agents and are formed by spunbond techniques, are supported by the record. (Foss ‘244, col. 14, ll. 53-63, col. 13, ll. 25-33; Ans. 3-4.) Even though Foss ‘244 does not teach a water filter medium made with these fibers (Ans. 4; App. Br. 4), we are persuaded that those of skill in 1 The real party in interest is said to be Johns Manville. (App. Br. 2.) 2 Foss and Sawvell, Jr., U.S. Patent 6,841,244 B2, which issued January 11, 2005. 3 Foss, et al., U.S. Patent Application Publication 2004/0214495 A1, which was published October 28, 2004. 4 Baker, Jr., et al., U.S. Patent Application Publication 2007/0289920 A1, which was published December 20, 2007. Appeal 2011-003908 Application 11/434,941 3 the art would have considered it obvious to have used the fibers of Foss ‘244 in any filtering method, including water filtration, from the teaching in Foss ‘244 to use them in air filters. (Ans. 4, citing Foss ‘244, col. 4, ll. 24-44.) The Examiner’s further findings that Foss ‘495 teaches using similar polyester fibers in water filters for swimming pools and that Baker teaches using spunbonded sheath-core bicomponent filaments with antimicrobial fibers in pool filters provide more support for the conclusion of obviousness. (Ans. 4, citing Foss ‘495, ¶ [0040], [0105], [0213], and [0270], and Baker ¶¶ [0001] and [0021].) Conclusion Upon consideration of the record and for the reasons given, the rejection of claims 1-4 and 6-10 is sustained Therefore, we affirm the decision of the Examiner. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136. AFFIRMED tc/sld Copy with citationCopy as parenthetical citation