Ex Parte Pung et alDownload PDFPatent Trial and Appeal BoardJun 26, 201411601238 (P.T.A.B. Jun. 26, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte DAVID JOHN PUNG and EDWARD PHILIP ALLIE ____________________ Appeal 2012-004922 Application 11/601,238 Technology Center 3700 ____________________ 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 2 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 3 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 4 mls Copy with citationCopy as parenthetical citation