Ex parte GILPATRICK - Page 8




          Appeal No. 1998-2551                                       Page 8           
          Application No. 08/787,624                                                  


          reference of record to Eschenbach clearly teaches what one of               
          ordinary skill in the art would have understood the appellant               
          to mean by his use of the phrase "core and effect yarn."                    
          Eschenbach teaches that a "core and effect yarn" is a novelty               
          yarn produced by combining a core yarn 10 and an effect yarn                
          12 in an air jet 14 such that the combined yarn 16 (i.e., the               
          "core and effect yarn") has slub sections 51, lean sections 52              
          and nubs 54 containing loops 53.  Thus, it is our view that                 
          the broadest reasonable meaning of a "core and effect yarn" as              
          used in claim 47 is a yarn combined from a core yarn and an                 
          effect yarn.                                                                


               It is our determination that the yarn taught by American               
          Viscose at page 2, lines 85-91, is not readable on being a                  
          core and effect yarn.  In that regard, the loops in the yarn                
          taught by American Viscose are formed by a stream of air that               
          causes some of the filaments to be blown out of the strand of               
          aligned filaments.  Thus, the yarn taught by American Viscose               
          does not have an effect yarn and therefore is not a "core and               
          effect yarn."                                                               









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