Ex Parte HUMMEL - Page 8

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

               materials having known properties depending upon the                   
               cost and properties desired in the final product                       
               produced from the yarn since VECTRAN M is less                         
               expensive than VECTRAN HS.                                             
               On page 7 of the answer, the examiner urges that Robins                
          teaches the interchangeability of VECTRAN liquid crystal fiber              
          for KEVLAR fibers in cut-resistant yarns and that it would,                 
          accordingly, have been obvious to one of ordinary skill in the              
          art to exchange the KEVLAR in both the core and first layer in              
          Bettcher for VECTRAN liquid crystal polymer fibers in view of               
          Robins.  In addressing the limitation in the claims on appeal               
          regarding the recited liquid crystal polymer fiber being one                
          "having a tenacity of no more than 10 grams per denier," the                
          examiner urges (answer, page 8) that Robins "teaches the use of             
          both high and low tenacity fibers in the cut-resistant yarn and             
          this teaching would be used to replace the KEVLAR in Bettcher."             

          Like appellant (brief, pages 6-11), absent knowledge of                     
          appellant's invention, we see nothing in Bettcher and Robins                
          which would have suggested their combination in the manner urged            
          by the examiner.  In our opinion, the examiner has used                     
          impermissible hindsight derived from appellant's own teachings to           


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