Ex Parte Hess et al - Page 1



                          The opinion in support of the decision being entered today                            
                                    is not binding precedent of the Board.                                      

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                             ________________                                                   
                              BEFORE THE BOARD OF PATENT APPEALS                                                
                                          AND INTERFERENCES                                                     
                                             ________________                                                   
                            Ex parte DIANE B. HESS, CHARLES A. THOMAS,                                          
                            CLIFTON A. PERRY, and RICHARD O. TUCKER                                             
                                             ________________                                                   
                                              Appeal 2007-0303                                                  
                                           Application 10/348,101                                               
                                           Technology Center 1700                                               
                                             ________________                                                   
                                          Decided:  August 21, 2007                                             
                                             ________________                                                   
                Before BRADLEY R. GARRIS, CHARLES F. WARREN, and                                                
                THOMAS A. WALTZ, Administrative Patent Judges.                                                  
                GARRIS, Administrative Patent Judge.                                                            

                                          DECISION ON APPEAL                                                    
                       This is an appeal under 35 U.S.C. §§ 6(b) and 134(a) from the non-                       
                final rejection of claims 1, 2, 5-7, and 19.                                                    
                       Representative claim 1 reads as follows:                                                 
                       1.  A textile fabric comprising:  a woven material of spun yarns                         
                including first staple being a polymer selected from the group consisting of                    
                aramid, PBI, PBO, or melamine formaldehyde, and a second staple of an                           
                                                                                                               



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