Ex Parte Healy - Page 2

               Appeal 2007-1370                                                                             
               Application 10/250,360                                                                       
                                      STATEMENT OF THE CASE                                                 
                      According to the Appellant, the subject matter on appeal is directed to               
               “fiber reinforced plastics materials known as composite laminates” (Br. 3).                  
               Further details of the appeal subject matter are recited in representative                   
               claims 1 and 12 reproduced below:                                                            

                      1.  A composite laminate comprising a layup of fibre plies bonded in a                
               matrix material, wherein at least one fibre ply is of non-woven fibres and                   
               said at least one fibre including at least one hairy yarn.                                   

                      12.  A method of producing a composite laminate comprising the                        
               steps of:                                                                                    
                      forming a layup of fibre plies, at least one of said fibre plies is non-              
               woven and includes hairy yarn,                                                               
                      applying to the layup a bonding matrix, and                                           
                      hardening the matrix to form the composite laminate.                                  
                      The Examiner has relied upon the following prior art references as                    
               evidence of unpatentability:                                                                 
               Phillips   US 4,829,761   May 16, 1989                                                       
               Vane    US 5,055,242   Oct. 8, 1991                                                          
               Cheshire   US 5,503,928   Apr. 2, 1996                                                       
                      The Examiner has rejected claims 1 through 12 under 35 U.S.C. §                       
               102(b) as anticipated by Vane, as evidenced by Phillips and Cheshire.                        
               (Answer 3).  The Appellant contends that the Examiner has erred in rejecting                 
               the claims on appeal since Vane’s composite laminate does not necessarily                    
               possess at least one hairy yarn as required by the claims on appeal.                         



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