Appeal No. 1997-0870
Application No. 08/333,416
Garcia. The examiner has cited and applied Burns or Stahl to
"teach applying paint roller fibers to an adhesively coated
core to form a cover layer." (Answer, page 4). Therefore
Burns and Stahl do not remedy the deficiencies discussed
above. Accordingly, the examiner's rejections of the claims2
on appeal are reversed.
OTHER ISSUES
Upon the return of this application to the jurisdiction
of the examiner, the examiner and appellant should consider
the patentability of the subject matter of at least claims 43
and 44 under the judicial doctrine of obviousness-type double
patenting over the claims of appellant's U.S. Patent Nos.
5,195242, 5,398,409, and 5,572,790. It should be noted that
appellant has not contested the applicability of Burns/Stahl
for the teaching of applying a cover by blowing fibers onto a
core coated with adhesive (Answer, page 4; see Brief and Reply
Brief in entirety).
2Since we determine that the examiner has not properly
identified any suggestion, motivation or teaching to combine
the references as proposed in the rejections, we need not
discuss the further limitations of various claims, e.g., the
first applying means of claim 34 or applying the cover by
blowing fibers as in claim 43.
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