Appeal No. 2000-1339
Application 08/772,480
textile nature of Van Steen’s wicking material, and the
lack of any basis in the record establishing that the use
of denim as broadly recited in claim 12 presents a new or
unexpected result or solves a stated problem, the use of
denim as a wicking material on Robertson’s wick
applicator would have been an obvious matter of choice
within the skill of the art, notwithstanding the failure
of the applied references to expressly disclose same (see
In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 8-9 (CCPA
1975)).
Accordingly, we shall sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 12 as being unpatentable
over Robertson in view of Clark and Van Steen.
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