Appeal No. 2000-0570
Application No. 09/028,943
meet the limitation in claim 1 requiring the nylon yarns to be
"solution dyed."
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 1, or of claim 5 which depends
therefrom, as being unpatentable over Wilson in view of
Osborn.
Since Nagahama also fails to overcome the above noted
deficiency of Wilson, we shall not sustain the standing
35 U.S.C. § 103(a) rejection of claim 6, which depends from
claim 1, as being unpatentable over Wilson in view of Osborn
and Nagahama.
REMAND
The dictionary definition of the term "solution dyeing"
which is of record and appellants' comments with respect
thereto indicate that the solution dyeing of polymer fibers
and its colorfast advantages were known in the art at the time
of appellants’ invention. This application is hereby remanded
to the examiner to consider whether this information, when
considered in conjunction with the teachings Wilson, Osborn
and Nagahama, would have rendered the subject matter recited
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