Ex Parte HUMMEL - Page 10



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

          than 400,000 lbs./sq. in., with a fiber having a tenacity of no             
          more than 10g/denier.  Thus, even if Robins can be said to have             
          been suggestive of using a liquid crystal polymer fiber having a            
          tenacity of no more than 10 grams per denier (e.g., VECTRAN M) in           
          the core of its composite yarn, a point in some considerable                
          doubt, we see nothing in the applied references or otherwise                
          which would have led one of ordinary skill in the art to make any           
          such substitution for the high strength Kevlar fibers in                    
          Bettcher.                                                                   

          Since we have determined that the teachings and suggestions                 
          found in Bettcher and Robins would not have made the subject                
          matter as a whole of claims 1 through 3, 5, 6, 11, 12, 15 through           
          18, 25, 26, 35 and 36 on appeal obvious to one of ordinary skill            
          in the art at the time of appellant's invention, we must refuse             
          to sustain the examiner's rejection of those claims under                   
          35 U.S.C.  103.                                                            

          Under the authority provided us by 37 CFR  1.196(b), we                    
          enter the following new ground of rejection.                                

          Claims 1, 11/1, 12/11/1, 15/1, 16/11/1, 35/1 and 36/35/1 are                
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