Appeal No. 96-2827
Application No. 08/138,300
they may be added to a resinous matrix. See column 85, lines
2-3, and claims 339 and 343. However, we find no disclosure
or suggestion that the fibers of Wolfe may be used with a
hydroxy-phenoxy ether polymer.
The other reference to Gardner discussed supra suggests
thermosetting composites prepared in the presence of an epoxy
resin and a hardener. Accordingly, while the components of
the claimed subject matter are each known individually or in
combination with thermosetting components, on the record
before us the examiner has not established any motivation or
reason for combining the hydroxy-phenoxy polyether and the
reinforcing fibers of the claimed subject matter or of the
manner of making the thermoplastic composite as claimed.
Based upon the above analysis, we have determined that
the examiner’s legal conclusion of obviousness is not
supported by the facts. “Where the legal conclusion [of
obviousness] is not supported by facts it cannot stand.” In
re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
DECISION
The rejection of claims 1 and 3 through 15 under 35
U.S.C.
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