Ex parte WILKES et al. - Page 2




                 Appeal No. 1998-0113                                                                                                                   
                 Application No. 08/437,517                                                                                                             




                          91.  Staple fibres comprising a plurality of solid                                                                            
                 cellulosic regenerated viscose fibres of standard viscose,                                                                             
                 substantially all of said fibres having substantially the same                                                                         
                 cross-sectional shape, each fibre having a decitex in the                                                                              
                 range of 0.5 to 5 and having three limbs, each limb having a                                                                           
                 length-to-width aspect ratio in the range of 2:1 to 10:1.                                                                              
                          The examiner has relied upon the following references as                                                                      
                 evidence of obviousness:                                                                                                               
                 Turbak et al. (Turbak)        4,076,933          Feb. 28, 1978                                                                         
                 Minami et al. (Minami)        61-113812          May 31, 1986                                                                          
                 (Published Japanese Patent Application)1                                                                                               
                          The claims on appeal stand rejected under 35 U.S.C. § 103                                                                     
                 as unpatentable over Turbak and Minami in combination (Answer,                                                                         
                 page 3).  We reverse this rejection essentially for the                                                                                
                 reasons set forth in the Brief and the reasons below.                                                                                  
                 OPINION                                                                                                                                
                          The examiner finds that Turbak teaches trilobal and                                                                           
                 quadrilobal regenerated cellulosic fibers, including staple                                                                            
                 fibers, having a denier of about 0.96 (Answer, page 3).   The                                      2                                   

                          1We rely upon and cite from a full English translation of                                                                     
                 this document, previously made of record.                                                                                              
                          2Appellants and the examiner agree that the claimed                                                                           
                 decitex range of 0.5 to 5 is equivalent to a denier range of                                                                           
                 0.45 to 4.5 (Brief, page 4; Answer, page 3).                                                                                           
                                                                           2                                                                            





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