Ex Parte Hoyt et al - Page 2



          Appeal No. 2026-0818                                                        
          Application No. 10/175,064                                                  
               41.  An ozone fade resistant dyed carpet comprising:                   
                    a backing material; and                                           
                    dyed sheath/core face fibers affixed to said                      
                         backing material and bound thereto, said face                
                         fibers having (i) at least about 70 wt.% of a                
                         core formed of at least one fiber-forming                    
                         core nylon selected from the group consisting                
                         of nylon-6, nylon 6,6 and copolymers and                     
                         blends thereof, and (ii) a sheath completely                 
                         covering said core formed of a  fiber-forming                
                         nylon 6,12 homopolymer which exhibits                        
                         inherent  chemical compatibility with the                    
                         core nylon and which is acid dye  resistant,                 
                         wherein                                                      
                    said dyed sheath/core face fibers are dyed with an                
          difference from the original unexposed dyed sheath/core face                
          fibers after at least 3  cycles of ozone fading that is less than           
          one-half of the CIE L*a*b* total color difference seen for a                
          fiber composed substantially completely of said core nylon that             
          is dyed with the same acid dye.                                             
                                   THE REFERENCES                                     
          Jenkins                     5,085,667                Feb. 4, 1992           
          Lin                         5,447,794                Sep. 5, 1995           
                                    THE REJECTION                                     
               Claims 41-52 stand rejected under 35 U.S.C. § 103 as being             
          unpatentable over Lin in view of Jenkins.1                                  
                                       OPINION                                        
               We affirm the aforementioned rejection.                                

               1The examiner’s reliance upon US 3,918,901 to Ida et al.,              
          US 3,927,973 to Ida et al., and US 4,762,524 to Chambers et al. is          
          withdrawn in the examiner’s answer (pages 2 and 9).                         
                                          2                                           




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