Ex parte DUGAN et al. - Page 8




          1995-2802                                                                   
          Application No. 07/983,002                                                  


          Suitable hydrophilic finishes include sulphonated polyesters                
          and ethoxylated polyamides.                                                 
               In view of this claim construction, we determine that the              
          applied prior art on this record fails to disclose, suggest or              
          teach the “durable hydrophilic surface modifier associated                  
          with said channel” as recited in claim 1 on appeal.  Masuda                 
          teaches that “the fiber material surface is rendered                        
          hydrophilic by corrosion [due to alkali treatment] and fine                 
          convexities and concavities are imparted to the surface.”                   
          (Column 5, lines                                                            
          38-40).  The examiner has presented no evidence or reasoning                
          as to why the artisan would have expected the physical surface              
          modification of Masuda to be equivalent to the chemical                     
          modification described by appellants and to be “durable” as                 
          defined by appellants.  The examiner points to the disclosure               
          of Masuda that the fiber “has excellent durability against                  
          rubbing” (column 5, lines 64-65) but has failed to show that                
          this disclosure would have suggested the “durable” modifier                 
          recited in the claims on appeal and as defined in the                       
          specification.                                                              
               Reinehr also discloses surface modification of fibers by               
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