Ex parte SWISZCZ et al. - Page 5




          Appeal No. 97-0056                                         Page 5           
          Application No. 07/791,156                                                  


          textile fabric, but takes official notice that it is well                   
          known to apply anti-fray compositions to fabrics and panels                 
          like that disclosed by Duval (answer, page 3).  As the                      
          appellants have not challenged the examiner's taking of                     
          official notice, we will accept the examiner's position that                
          the broad concept of the application of anti-fray composition               
          to textile fabric material used for the formation of cellular               
          window coverings of the type disclosed by Duval is well known               
          in the art.                                                                 
               The appellants argue that their "novel contribution                    
          resides in the elimination or non-application of the treatment              
          composition to those areas of the fabric intended for receipt               
          of an adhesive" (brief, page 4) and that the examiner has not               
          shown any objective teaching in the prior art to suggest that               
          it would have been obvious to leave untreated those areas                   
          intended for subsequent application of adhesive (brief, page                
          6).  However, as correctly noted by the examiner, claims 57                 
          through 60 do not preclude the anti-fray treatment composition              
          from being applied to the entire fabric with the adhesive                   
          subsequently being applied thereon (answer, page 4).  In other              
          words, the application of anti-fray composition over the                    







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