Appeal No. 95-0785
Application 07/748,708
column 2, lines 61-68, and the answer, page 4). The examiner
cites column 3, lines 53-63, of Kritchevsky for the teaching that
the metal fibers “are melted during the process” (answer, page
6). However, it is clear from the context of column 3, lines 60-
63, of Kritchevsky, that the thermoplastic fibers are the only
component that melts during processing. As a result of this
melting, the metal fibers are believed to contact each other
forming a more effective shielding grid but Kritchevsky does not
disclose that the metal fibers melt. This disclosure of
Kritchevsky is clarified by reference to Example 8, at column 12,
lines 1-2, where it is disclosed again that the thermoplastic
fibers melt resulting in the metal fibers contacting. There is
no disclosure or suggestion in Kritchevsky that the metal fibers
melt.
Where the legal conclusion of obviousness is not supported
by facts it cannot stand. See In re Warner, 379 F.2d 1011, 1016-
17, 154 USPQ 173, 177-78 (CCPA 1967). Accordingly, the rejection
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