Ex parte DUGAN et al. - Page 9




          1995-2802                                                                   
          Application No. 07/983,002                                                  


          adding a substance such as glycerin to the spinning solvent to              
          enhance the hydrophilic nature of the fibers produced (column               
          1, lines 48-51; column 2, line 60; column 3, lines 7-12).                   
          However, Reinehr teaches removal of this substance by                       
          post-treatment rinsing (column 2, lines 61-65; column 3, lines              
          38-41; column 4, lines 16-42).                                              
               Additionally, the examiner has not established that the                
          limitation of claim 1 on appeal regarding the average                       
          transverse cross-sectional area was disclosed, suggested or                 
          taught by the applied prior art.  The examiner applies Sato,                
          Belitsin, Reinehr or Yoshimoto to “teach the particular cross-              
          section claimed by appellant” since the only requirement to                 
          meet this limitation is “a fiber with the general shape as                  
          that claimed.” (Answer, page 9).  However, the examiner has                 
          not presented any evidence or reasoning to support this                     
          conclusion.  The examiner states that appellants have not                   
          assigned an upper or lower limit to the “longest dimension”                 
          but fails to explain why this would affect the fiber shape or               
          the equation that calculates the area Id.).  Furthermore, if                
          mere similarity in fiber shape is sufficient to meet the area               
          limitation of claim 1 on appeal, the examiner has not                       
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