Appeal No. 95-2622
Application 08/125,524
teaching including McKay (‘363) or McKay (‘749), appellant may
treat our decision as a NEW GROUND OF REJECTION UNDER 37 CFR §
1.196(b).
McKay (‘749) describes multifilament yarn composed of
monofilaments having multilobal cross sections (McKay (‘749),
col. 2, l. 20-21). McKay (‘749) teaches at col. 2, l. 28-33:
The filaments in the yarn have a multilobal cross section
with at least five lobes (preferably five to 10 lobes),
wherein the lobes are essentially symmetric about a
center
line through the lobe, are of substantially equal length,
and are substantially equally spaced about the center of
the filament.
“[S]ubstantially all of the filaments should be PACM polyamide
fibers with five to ten lobes . . .” (McKay (‘749), col. 3,
l. 42-44; emphasis added). According to McKay (‘749)(col. 4,
l. 55-67):
. . . [I]t should be evident that filaments of a
given modification ratio may have a variety of shapes.
For example, while the tips of the lobes generally assume
a circular configuration, this circle outlining the tip
of the lobe may have a high or low radius, r , relative
1
to the circumscribing radius, R , of the cross-section.
1
In addition to the lobe angle, A, formed by two tangents
laid at the points of inflection of curvature on each
side
of the lobe may be either negative or positive. The lobe
angle, A, is considered to be positive when the two
tangents
converge outside of the cross-section on the same side
of the fiber as the lobe. A positive lobe angle, A, is
indicated in FIG. 1.
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