Ex Parte Holland et al - Page 7




              Appeal No. 2005-0117                                                                 Page 7                
              Application No. 09/860,423                                                                                 



                     These fibers are sometimes referred to as "ultra high molecular weight                              
                     polyethylene" within the scope of U.S. Pat. No. 4,413,110. The specification and                    
                     teachings of this patent are incorporated by reference. Such a fabric has a high                    
                     level of tear-resistance, abrasion resistance, cut-and-stab resistance, and                         
                     chemical and cold resistance to improve the strength and durability of the fabric.                  
                     In addition, such fabric is about one-third the weight of such conventional fabrics                 
                     as vinyl coated nylon. This results in fuel savings of about $30 per year for each                  
                     pound of fabric used.                                                                               


                     Holland teaches (column 3, lines 16-24) that:                                                       
                            The improved fabric is intended to be used as a fabric to cover cargo                        
                     containers, luggage trailers, and truck openings. While the improved fabric can                     
                     be used for a variety of purposes, the ensuing description is directed to a fabric                  
                     cover for a cargo container.                                                                        
                            Accordingly, it is an object of the present invention to provide a durable,                  
                     lightweight fabric that has improved tear-strength, cut-and-stab resistance,                        
                     abrasion resistance, cold resistance, and chemical resistance.                                      
              Holland further teaches (column 6, lines 3-9) that:                                                        
                            The present invention has been described as utilized on a cargo cover 10                     
                     for a cargo container 12. The fabric 30 used for cargo cover 10 may also be used                    
                     for luggage trailer curtains and truck closure curtains generally covered by fabric                 
                     and other uses where a lightweight, tear-resistant, abrasion resistant,                             
                     stab-and-cut resistant, chemical resistant, and cold resistant fabric is required.                  


                     In the rejection of claim 1, the examiner ascertained (answer, p. 7) that Andrieu                   
              does not disclose the protective cover being made from high performance yarns having                       
              a tensile modulus equal to or greater than 150 grams/denier and a tenacity equal to or                     
              greater than 7 grams/denier, wherein the yarns are cut and tear resistant.  The                            







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