Ex parte KAUSCH et al. - Page 5




          Appeal No. 1997-0958                                                        
          Application 08/300,669                                                      


          reasonable degree of precision and particularity, and the                   
          examiner provides no other argument in support of the                       
          rejection.  Moreover, appellants define “dry spinning” and                  
          “wet spinning” (supplemental brief filed March 7, 1996), and                
          the examiner does not challenge these definitions.                          
               For the above reasons, we conclude that the examiner has               
          not set forth a prima facie case of indefiniteness.  We                     
          therefore reverse the rejection under 35 U.S.C. § 112, second               
          paragraph.                                                                  




                           Rejection under 35 U.S.C. § 103                            
               Chandler, which appears to be the applied reference which              
          is closest to appellants’ claimed invention, discloses adding               
          a mixture of polyamylsiloxane and polydimethylsiloxane to a                 
          spinning solution for making spandex fibers (col. 3, lines 38-              
          42 and 60-64).  The only applied reference which discloses                  
          ethoxylated polydimethylsiloxane is Schmalz, and in this                    
          reference, the ethoxylated polydimethylsiloxane is applied to               
          the surfaces of polyolefin fibers to render them hydrophilic                


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