Ex Parte HECKEL et al - Page 6



          Appeal No. 1999-2601                                                         
          Application 08/862,682                                                       

          reliance on Bates to overcome this particular deficiency is not              
          well taken.                                                                  
               Bates pertains to a study which monitored the force or                  
          tension required to pull a composite strand from the impregnation            
          chamber and sizing die of a cross-head/thermoplastic pultrusion              
          compounding system.  According to the study, pulling tension may             
          play a significant role in controlling fiber damage and resin                
          impregnation, and may be indicative of what is occurring inside              
          the impregnation chamber (see page 2047).  The graphs illustrated            
          in Figures 3 through 6 (see pages 2050 and 2051) depict                      
          experimental results showing the effects of various spreader pin             
          quantities, spreader pin diameters and melt temperatures (i.e.,              
          viscosities) on the relationship between pulling force (tension)             
          and speed.  Of note is that the various experiments involve a                
          common, constant entrance tension (see page 2048).                           
               In the examiner’s view (see pages 8, 9, 14, 15, 26 and 27 in            
          the answer), Bates demonstrates that entrance tension as recited             
          in claims 5 and 7 is an art-recognized, result-effective                     
          variable.  From this, the examiner concludes that the specific               
          entrance tension parameters set forth in these claims would have             
          been obvious optimizations of this variable.  Bates, however,                
          demonstrates nothing of the sort.  To the contrary, Bates’                   

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