Ex Parte HUMMEL - Page 9



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

          reconstruct the knittable yarn of Bettcher so as to result in a             
          structure which is responsive to that set forth in the claims               
          before us on appeal.  Given the strong emphasis in Bettcher that            
          the synthetic fiber (20) of the core and the first wrapping (12)            
          of the composite yarn therein be a high strength relatively                 
          nonstretchable synthetic fiber, i.e., one having a tensile                  
          strength of about 400,000 lbs./sq. in. and higher (col. 3, lines            
          3-7 and col. 4, lines 20-24), we see no reasonable basis upon               
          which to conclude that it would have been obvious to one of                 
          ordinary skill in the art to replace the high strength Kevlar               
          core fiber (20) and high strength Kevlar first wrapping (12) of             
          the yarn in Bettcher with a liquid crystal polymer fiber having a           
          tenacity of no more than 10 grams per denier, as has been urged             
          by the examiner.                                                            

          The mere fact that Robins with its knitted stainless steel                  
          covering yarn (12) may be willing to place a normal strength                
          yarn, such as nylon, as the core (11) of a composite knittable              
          fiber for making cut-resistant apparel, provides no teaching or             
          suggestion for making that same modification in Bettcher by                 
          replacing the core fiber (20) and first wrapping (12) therein,              
          which Bettcher teaches must have a tensile strength of not less             
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