Ex parte KELLER - Page 7




          Appeal No. 95-2622                                                          
          Application 08/125,524                                                      
          l. 1), are “sufficiently yieldable so as to be deformed by a                
          covering yarn” (Spencer, p. 3, col. 1, l. 22-24).                           
               Spencer states (Spencer, p. 2, col. 1, l. 52-75):                      
                    The filaments may be formed by extruding or casting               
               latex, rubber or rubber-containing fluids, or by                       
          collecting                                                                  
               latex or the like upon a suitable heated member, or by                 
               any combination of these or other suitable processes.                  
               For example, all of the filaments shown in Figs. 1 to 12               
               inclusive, may be made by extrusion through a suitable                 
               orifice, using a rubber composition which has been                     
          thickened                                                                   
               by suitable agents such as sodium silicate so that the                 
               extruded mass retains the cross-section of the orifice                 
          until                                                                       
               coagulation occurs. . . .                                              
                    The rubber filament may be formed from any suitable               
               rubber composition whether in the form of natural or                   
               artificial dispersions of rubber or solutions or plastic               
               compositions of natural or synthetic rubbers or suitable               
               mixtures of the same.                                                  
          However, Spencer (1) prefers “to employ latex in the                        
          manufacture of the rubber filament of the invention” (Spencer,              
          p. 2, col. 2, l. 2-4), and (2) lacks any teaching to draw the               
          melt-extruded, elastic polymeric monofilament from 3.4 to 7.0               
          times its original length.                                                  
          2.   Rejection under § 103 in view of Spencer or Gruhn                      
          Claim 1 stands rejected under 35 U.S.C. § 103 as being                      
          unpatentable in view of the teaching of either Spencer or                   
          Gruhn.  We reverse both of these rejections.                                
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