Ex parte HOLLAND - Page 5




          Appeal No. 96-4043                                                          
          Application 08/235,538                                                      


               wherein (4) is a warp consisting of crimped fibers,                    
               (5) is a weft consisting of a bondle [sic, bundle] of                  
               fine fibers, and (6), (7) and (8) are raised fibers.                   
               When a woven fabric having an appropriate number of                    
               floating wefts is subjected to raising processing,                     
               raised fibers (6) in the form of downy hairs consisting                
               mainly of fine fibers of the weft (5) or raised fibers                 
               (7) in the form of small loops are formed, the weft (5)                
               is mutually restricted with the warp (4), the weft does                
               not float in the form of a large loop and a uniform                    
               suede-like woven fabric having a good cover of raised                  
               fibers is obtained [column 7, lines 42 through 53].                    
          Okamoto also teaches that the woven fabric may be made of                   
          polyester fibers (see columns 6 and 7) and that the fabric may be           
          sheared after the raising processing to obtain an excellent nap             
          (see column 15, lines 11 through 18).                                       
               In explaining the rejection of claim 12, the examiner                  
          contends that                                                               
               [i]t would have been obvious to one of ordinary skill                  
               in the art to provide the film cassette of Mizuno with                 
               the material of Okamoto for use as a light trap.  No                   
               unusual or unobvious result is attained by substituting                
               one old and well known type of woven, napped and                       
               sheared material for another to provide a similar                      
               function.  Also, the use of a spun, staple length yarn                 
               for the weft or warp in the fabric of Mizuno as                        
               modified by Okamoto would have been obvious to one of                  
               ordinary skill in the art since such types of yarn are                 
               old and well known for their durability and the                        
               examiner takes official notice of same [Paper No. 8,                   
               page 3].                                                               
               The appellant, on the other hand, argues that “[t]here is no           
          teaching nor is it obvious to substitute the fabric of Okamoto              
          for that of Mizuno.  Neither Mizuno or Okamoto recognize[s] that            
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