Appeal No. 97-0139
Application No. 08/196,819
for glass fibers, as demonstrated by the relied upon
"secondary references," we agree with the examiner that one of
ordinary skill in this art would have been led to use a
polyvinylacetate homopolymer or copolymer as claimed in
combination with the bisphenol A polyester resin film former
in the sizing composition of Sanzero. Further, as noted by
the examiner, certain claims on appeal, including appealed
claim 23, do not distinguish over the use of Sanzero's
epoxidized polyvinyl-acetate copolymer film former in the
aqueous solution contemplated by Sanzero since these claims
broadly call for "polyvinylacetate copolymers."
We cannot subscribe to appellants' argument that the Wong
reference (which relates to fiber optic materials) constitutes
non-analogous art under the test of In re Wood, 599 F.2d 1032,
202 USPQ 171 (CCPA 1979). Indeed, since Wong is directed to
the use of an aqueous sizing composition for treating glass
fibers, we find that Wong is within the field of appellants'
endeavor. Moreover, Wong, in our view, is not limited solely
to fiber optic material utilities. Compare the teachings of
Wong at column 1, lines 8 through 10 and column 4, lines 15
through 17.
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