Ex Parte Pung et al

Patent Trial and Appeal Board

Jun 26, 2014

11601238 (P.T.A.B. Jun. 26, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte DAVID JOHN PUNG
and EDWARD PHILIP ALLIE
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Appeal 2012-004922
Application 11/601,238
Technology Center 3700
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Before: JOHN C. KERINS, JAMES P. CALVE, and
LYNNE H. BROWNE, Administrative Patent Judges.

CALVE, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from the final rejection of
claims 1-3, 5-7, and 9-14. App. Br. 1. Claims 4 and 8 are cancelled. See
Amdt. After 2nd Office Action, Apr. 14, 2010. We have jurisdiction under
35 U.S.C. § 6(b).
We REVERSE.
Appeal 2012-004922
Application 11/601,238

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CLAIMED SUBJECT MATTER
Claims 1, 12, and 14 are independent. Claim 1 is reproduced below.
1. A cleaning substrate comprising
a. an absorbent layer comprising a superabsorbent
material;
b. a surface layer comprising a macro-apertured
laminate of a thermoplastic formed film and a
nonwoven layer;
c. wherein said thermoplastic formed film is in
direct contact with said absorbent layer, and said
macro-apertured laminate has a thickness from 0.5
mm to 1.5 mm and said macro-apertured laminate
comprises from 5 to 20 holes per square
centimeter, said macro-apertures tapering from a
greater diameter closer to a surface to be cleaned
to a lesser diameter juxtaposed proximal to said
absorbent layer.

REJECTION1
Claims 1-3, 5-7, and 9-14 are rejected under 35 U.S.C. § 103(a) as
being unpatentable over Policicchio (US 2004/0086320 A1; pub. May 6,
2004) and Thompson (US 3,929,135; iss. Dec. 30, 1975).
ANALYSIS
The Examiner found that Policicchio discloses a cleaning substrate as
recited in claim 1, including a superabsorbent material (paras. 200, 214), a
surface layer with a macro-apertured laminate (para. 201) of a thermoplastic
formed film and a nonwoven layer (para. 40) where the thermoplastic
formed film is in direct contact with the absorbent layer and macro-
apertures. Ans. 3-4. The Examiner relied on Thompson to disclose the

1 The Examiner entered this ground as a New Ground of Rejection in the
Answer. See Ans. 3.
Appeal 2012-004922
Application 11/601,238

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claimed thickness of 0.5 mm to 1.5 mm and holes per centimeter squared of
5 to 20 holes. Ans. 4.
Appellants argue that the Examiner relies on paragraphs 40 and 201 of
Policicchio to teach a macro-apertured laminate but fails to show where
Policicchio discloses a thermoplastic formed film 405 laminated to a
nonwoven layer 415. Reply Br. 2. We agree.
The Examiner has not established by a preponderance of evidence that
Policicchio teaches a “surface layer comprising a macro-apertured laminate
of a thermoplastic formed film and a nonwoven layer” as recited in claims 1,
12, and 14.2 Paragraph 201 of Policicchio discloses a cleaning pad with a
liquid pervious scrubbing layer that is preferably an aperture formed film of
expanded three-dimensional plastic web with tapered or funnel-shaped
apertures and surface aberrations preferably of a hydrophobic material.
Paragraph 40 of Policicchio discloses a method of cleaning a surface by
contacting the surface with a cleaning implement and a removable, dry
substrate of a nonwoven hydroentangled cleaning sheet. We do not sustain
the rejection of claims 1-3, 5-7, and 9-14.

DECISION
We REVERSE the rejections of claims 1-3, 5-7, and 9-14.

REVERSED

2 Claim 12 recites a cleaning kit comprising a cleaning implement and a
cleaning substrate according to claim 1. Claim 14 recites a method of
cleaning a hard surface comprising applying a cleaning composition to the
hard surface and wiping the hard surface with a cleaning substrate according
to claim 1.
Appeal 2012-004922
Application 11/601,238

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