Appeal No. 97-0139
Application No. 08/196,819
Although appellants argue that the formation of FRP
panels by a "non-linear" conveyor process places additional
demands on the wet-out properties of the glass fibers,
appellants have made no specific argument that the PEG wet-out
values defined by the ranges in the appealed claims differ in
any way from the PEG wet-out value of Sanzero's treated glass
fibers. In this regard, a "commercial" chemically treated
glass fiber is reported by appellants as having a PEG wet-out
value within the range defined by the appealed claims. See
the specification at page 25, line 20. Further, although no
prior art of record addresses the problem of controlled wet-
out when utilizing a non-linear conveyor process for forming a
FRP panel, it is well settled that the motivation in the prior
art to "combine the references" does not have to be identical
to that of an applicant to establish obviousness. In re
Dillon, 919 F.2d 688, 693, 16 USPQ2d 1897, 1901 (Fed. Cir.
1990) (en banc), cert. denied, 500 U.S. 904 (1991). Here the
relied upon references themselves provide the motivation for
combining the teachings of the prior art to arrive at the
claimed invention.
The decision of the examiner is affirmed.
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