Ex Parte Bennett et al

Patent Trial and Appeal Board

Feb 13, 2013

11434941 (P.T.A.B. Feb. 13, 2013)

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