Ex Parte HUMMEL - Page 7



          Appeal No. 1997-0144                                                        
          Application No. 08/424,223                                                  

          defined as a composite yarn adapted for use in cut resistant body           
          protection apparel, comprising: a) a non-elastic core yarn and b)           
          an abrasion and cut resistant non-elastic monofilament covering             
          yarn knitted onto and encasing the core yarn in a series of cut             
          resistant loops.  In claim 8, which depends from claim 1, the               
          core yarn is further defined as comprising "a multifilament yarn            
          selected from the group consisting of SPECTRA polyethylene,                 
          VECTRAN liquid crystal polymer, KEVLAR aramide fiber, olefin,               
          nylon or polyester."                                                        

          In rejecting the claims before us on appeal, the examiner                   
          has urged (answer, page 4) that it would have been obvious to one           
          of ordinary skill in the art                                                

          to exchange the Kevlar in both the core and the first                       
               layer in Bettcher '251 for VECTRAN liquid crystal                      
               polymer fiber in view of Robins et al '781 so that the                 
               yarn produced will have a greater cut or abrasion                      
               resistance as well as other property improvements such                 
               as flexibility and suppleness thereby providing a                      
               higher quality glove therefrom.  Note that the liquid                  
               crystal polymer disclosed in Robins et al '781 would                   
               inherently possess the property of a tenacity which is                 
               no more than 10 grams per denier.  If however, the                     
               liquid crystal such as VECTRAN does not inherently                     
               posses the property of having a tenacity of no greater                 
               than 10 grams per denier, it would have been obvious to                
               utilize the type of VECTRAN M fiber which does have                    
               this property as a matter of engineering choice of                     
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