Ex parte REXROAD et al. - Page 10




          Appeal No. 96-3543                                                          
          Application No. 08/153,623                                                  


          we think not.  This being the case, we will not sustain the                 
          rejection of independent claims 1 and 9 or, it follows, of                  
          dependent claims 2, 4, 5, 7 and 10.                                         
               Dependent claims 3, 6, 11 and 12 stand rejected as being               
          unpatentable over the references cited against claims 1 and 9,              
          taken further with Lockney, which is added for its teaching of              
          forming a net of polypropylene.  Be that as it may, Lockney                 
          does not alleviate the problem discussed above with regard to               
          the color relationship between certain of the net members that              
          is established in the independent claims, and therefore we                  
          also will not sustain the rejection of claims 3, 6, 11 and 12.              
               Independent claim 16 also stands rejected on the basis of              
          Dilbey, Gullen and Lockney.  As was the case with claim 1,                  
          this claim also requires that at least one of the weft and                  
          warp members be of a different color, so as to display a                    
          diagonally directed path along the net relative to the other                
          warp and weft members.  As we explained above, it is our view               
          that the combined teachings of these references fail to render              
          this feature obvious and therefore, as was the case above,                  
          fail to establish a prima facie case of obviousness with                    


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