Appeal No. 2004-1029
Application No. 09/747,529
Rather than reiterate the conflicting viewpoints advanced by
the examiner and appellant regarding the above-noted rejection,
we refer to the examiner's answer (mailed August 27, 2003) and to
appellant's brief (filed June 25, 2003) and reply brief (filed
October 6, 2003) for a full exposition thereof.
OPINION
Having carefully reviewed the obviousness issue raised in
this appeal in light of the record before us, we have come to the
conclusion that the examiner's rejection of claims 21 through 36
under 35 U.S.C. § 103 will not be sustained. Our reasoning in
support of this determination follows.
After a careful evaluation of the teachings and suggestions
to be derived by one of ordinary skill in the art from the
patterned terry fabric and its method of manufacture on a tappet
or dobby mechanism as described in Hobson, and the Jacquard
weaving system and method set forth in Carpenter for ensuring
automatic alignment of a printed pattern with a woven pattern on
a textile fabric as that fabric is being formed, it is our
opinion that the examiner has failed to meet her burden of
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