Application of Marcel Levecque and Paul Plot

341 F.2d 929, 52 C.C.P.A. 1105
CourtCourt of Customs and Patent Appeals
DecidedApril 8, 1965
DocketPatent Appeal 7331
StatusPublished

This text of 341 F.2d 929 (Application of Marcel Levecque and Paul Plot) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Application of Marcel Levecque and Paul Plot, 341 F.2d 929, 52 C.C.P.A. 1105 (ccpa 1965).

Opinion

ALMOND, Judge.

Levecque and Piot appeal from a decision of the Board of Appeals affirming the examiner’s rejection of claims 16 to 23 of their application 1 for a patent on a method and apparatus for the manufacture of mats, more fully described in the application as “sheets, plaques, or mats from fibers of thermoplastic material, particularly fibers of mineral material.” No claims were allowed.

Claims 16, 17, 18, 22 and 23 are directed to processes, while claims 19, 20 and 21 are directed to the apparatus. Claims 16 and 19 are illustrative:

“16. A method of forming mats, plaques, and sheets from thermally self-bonding fibers, especially mineral fibers such as glass, which comprises forming a loose, thick starting mattress of said fibers laid at random, heating the opposite faces of said mattress to temperatures which collapse the mattress and join the fibers at their points of contact, calendering the collapsed mattress at a speed which subjects the mattress to longitudinal tension, cooling the mattress, and subjecting the mattress to longitudinal tension as it is being cooled.
“19. Apparatus for forming thermally self-bonding mats comprising an elongated heating tunnel, means to support a mattress of random laid fibers- in the tunnel so that both sides are exposed, means to heat both sides of the mattress to bonding temperature, calender rolls, means to drive them so as to put the hot mattress under longitudinal tension, coolers beyond the calender rolls, and means to put the calendered mat under tension as it issues from the calenders.”

*930 `(`4 The drawing reproduced below is further illustrative of the claimed

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*931 The material or fibers are laid down at random in a loose thick mattress 4. Rollers 3 and 3a (motor driven) carry the mattress through a tunnel furnace 1. Elements 2 and 2a above and below the conveyor apply heat causing the fibers to slump or collapse in the direction of its thickness. Motor actuated rolls 5 and 5a function as calendering means on the fiber passing therebetween to smooth and compact same. The rolls are driven at such a speed as to apply tension to the sheet to prevent its shrinkage longitudinally. Cooling chambers 7 and 7a serve to cool the sheet as its passage proceeds therebetween. The sheet is then engaged between rolls 8 and 8a which are operated so as to apply tension to the sheet. Tension is adjustable through manipulation of elements 6.

The references are:

Thomas 2,016,401 October 8, 1935
Powers 2,518,997 August 15, 1950

Thomas discloses a method and apparatus for treating glass wool. A wool mat is formed by a blower depositing same on an inclined carrier, thence by the carrier to a vertical chute for deposit on an open work belt. As the wool passes beyond the chute, it passes beneath a motor driven roll which serves to compress and compact the material, so that a blanket of wool of predetermined thickness and density is laid on the conveyor, wherefrom the wool is conveyed into a heating chamber where heat is applied to the sheet by hot air passing from a furnace through the sheet and into exhaust pipes. The chamber may be heated electrically. As the wool passes through the heat chamber, it is brought to a softened or plastic condition and to a more compact and dense form in which the fibers are fused together. The caked wool then passes through an “annealing leer” before it has cooled.

Powers relates to a process and apparatus for producing porous mats from mineral wool such as glass and rock wool. The fibers, “though necessarily somewhat criss-crossed, * * * are arranged generally lengthwise of the strip,” and are laid down in a horizontal blanket which is drawn vertically through a heating chamber by opposed rollers. Heat is applied to both sides of the blanket by hot air from burners and by electrical heating elements. “The hot gases penetrate the wool, and * * * heat is radiated directly into the sides of the blanket by the electrical units * * *. During its passage through the heating chamber, the wool in the blanket is softened and the thickness of the blanket reduced from 2% inches to about 1 inch “by heat, cohesion and tension.” The rolls impart the final thickness “between the ribs of about 0.04 inch to 0.08 inch.” The wool passes through guide plates to a suitable cutting means. Cooling pipes are provided in the heating chamber to prevent excessive heating of the edges of the blanket.

The examiner found all claims un-patentable over the combined disclosures of Powers and Thomas. The board affirmed this holding and further found the apparatus claims unpatentable over Powers alone. In holding claim 16 un-patentable, the examiner noted that the Powers blanket of mineral fibers is heated on opposite sides. The heat softening of the fibers would produce some collapse of the blanket and the fibers are joined at the points of contact as called for by the claim. The examiner further noted that the rolls of Powers served as calendering rolls and applied tension to the collapsed blanket and that the rolls operated at a lower temperature than the fusmace temperature and to that extent would function as coolers. The examiner, noting that the annealing leer of Thomas was “definitely a cooling zone,” considered that it would be obvious in view of the teachings of Thomas to add a leer to the Powers apparatus if such be deemed desirable. As for the final step of applying tension to the mat while cooling, not shown in either reference, it was pointed out that the specification ascribed no critical function to the step and that its purpose was apparently merely to prevent *932 accumulation of the mattress, and therefore of no patentable significance.

Appellants place strong emphasis on the word “collapse” as used in the claims, contending that the tribunals below broadened the specific word to give it a general connotation, thus stripping the claims of their limiting terms. As hereinabove noted, Powers specifically states that the thickness of his blanket is reduced in the heating chamber from about 2% inches to about one inch by “heat, cohesion and tension.” Appellants rely on Webster’s New International Dictionary (2d ed. 1934) 2 to sustain the construction which they contend for the word “collapse.”

Powers clearly teaches that his blanket does “fall into a flattened shape” and that it is “reduced to a more compact form” by its reduction in thickness from 2% inches to one inch. Appellants’ position is not sustained by the definition of “collapse” upon which they rely. In view of “collapse” as defined, we are not persuaded by appellants’ argument that collapse could not take place in a vertically moving blanket or under the impact of tension forces as shown in Powers. In addition, it is pertinent to point out here that in appellants’ brief submitted to the board, it is admitted that Thomas discloses that his blanket undergoes a collapse.

Appellants contend that Powers does not show his fibers laid at random.

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341 F.2d 929, 52 C.C.P.A. 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/application-of-marcel-levecque-and-paul-plot-ccpa-1965.