Ex parte DELUCIA - Page 8




          Appeal No. 1997-1135                                                        
          Application 08/375,196                                                      


          filament (col. 2, lines 24-34).  The difference in the thermal              
          histories of the streams produces differences in the shrinkage              
          potentials of the components which cause the filament to coil               
          or crimp (col. 4, lines 3-7).                                               
               The examiner argues that Shiba and Carey, Jr. disclose                 
          conjugate fibers having identical component compositions                    
          (answer, page 3).  This argument is not persuasive because the              
          examiner has not explained how components having the same                   
          composition can have the different melting points required by               
          both references.                                                            
               The examiner argues that it would have been obvious to                 
          one of ordinary skill in the art, in view of Keuchel, to use                
          similar components in the fibers of Shiba and Carey, Jr. in                 
          order to improve the crimp retention and bulk characteristics               
          of the fibers (answer, page 4).  Keuchel, however, does not                 
          teach that the improved crimp retention and bulk                            
          characteristics are the result of using the same starting                   
          polymer for forming each stream.  Instead, the reference                    
          teaches that it is the different thermal histories which                    
          produces this improvement (col. 2, lines 24-33; col. 4, lines               


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