Appeal No. 95-3094
Application No. 07/975, 141
full paragraph of page 4 of our decision entered on December
20, 1990 in Appeal No. 88-3660. The identical dispositive
issue is again presented in this appeal, albeit the specific
arguments before us are based on a substantially different
record. Thus, the appealed claims now define the fiber tow as
a "continuous, linearly intermixed fiber tow", and appellants
extensively rely on evidence in a newly presented declaration
from Kay Warren. The examiner relies on a number of prior art
references to support his contention that skilled workers in
this art had the ability at the time of appellants’ invention
to produce the article disclosed by Baucom. After a careful
consideration of the record now before us, we find that
appellants have provided sufficient evidence to overcome any
legal conclusion that a skilled artisan could take the Baucom
reference disclosures "in combination with his own knowledge
of the particular art" and be in possession of the claimed
invention. In re Legrice, 301 F.2d 929, 936, 133 USPQ 365,
372 (CCPA 1962).
A matter of concern addressed in our decision in Appeal
No. 88-3660 was whether the then claimed tow could be made by
a process wherein the fibers are intermixed by the use of
4
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