Ex parte KIKUCHI - Page 4




          Appeal No. 96-4193                                                          
          Application No. 08/267,049                                                  


          OPINION                                                                     
               The disc cartridge liner of appealed claim 1 comprises                 
          entangled thermoplastic fibers and entangled regenerated                    
          cellulose fibers and refined cellulose fibers.  The examiner                
          finds that Takemae discloses a disc cartridge liner comprising              
          a thermoplastic fiber and a regenerated cellulose fiber                     
          (Answer, page 3).  The examiner recognizes that Takemae does                
          not disclose refined cellulose fibers as required by appealed               
          claim 1 (Answer, page 4).  The examiner cites Vogt (M1159V/52)              
          for the disclosure of “a protective sleeve of a video record                
          comprising fibers made by plastics or semi-synthetic material               
          consisting of a modified cellulose (a refined cellulose fiber               
          inherently).”  (Id.).  The examiner concludes that it would                 
          have been obvious to make the disc liner of Takemae with both               
          a regenerated cellulose fiber and a refined cellulose fiber                 
          “as inherently taught by M1159V/52 [Vogt].”  (Id.).                         
               The examiner does not provide any factual support for the              
          finding that the “modified cellulose” of Vogt is “inherently”               
          a refined cellulose fiber.  See the specification, page 9,                  
          where appellant discloses the preparation and characteristics               


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