Ex parte KELLER - Page 12




          Appeal No. 95-2622                                                          
          Application 08/125,524                                                      
               We find that the polyamide monofilament McKay (‘749)                   
          describes has a cross-sectional configuration characterized by              
          5 to 10 striations on the circumference, and each striation                 
          may have a depth within the range of about 4 to 20% of the                  
          diameter    of the monofilament, as is required for the                     
          monofilaments of appellant’s Claim 1.  Compare the eight lobe               
          monofilament depicted in appellant’s only drawing.                          
               In his single polyamide monofilament embodiment (McKay                 
          (‘749), cols. 5-6), McKay teaches (McKay (‘749), col. 5, l. 7-              
          23; emphasis added):                                                        
                    [A] PACM-12 polyamide was prepared . . . .  Three                 
               different yarn samples were prepared from this type of                 
               polymer by melt spinning through a spinneret having 18                 
               orifices.  Each orifice consisted of six slots radiating               
               from a central point with equal angles between the slots.              
               Each of the slots was 0.004-inch wide and 0.009-inch long              
               (maximum orifice diameter 0.018-inch).  Three different                
               modification ratios were obtained by varying the melt                  
               viscosity of the polymer within the spinneret capillary.               
               The yarns obtained by this spinning technique were drawn               
               about 1:6 X.  The resulting yarns were about 62 denier                 
               with 18 filaments and zero twist.                                      
          This embodiment would have led persons having ordinary skill                
          in the art to understand that the melt-extruded polyamide                   
          monofilaments which form the yarn McKay (‘749) describes are                
          oriented polymeric monofilaments within the meaning of the                  
          term in appellant’s specification, i.e., they were melt                     

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