Appeal No. 1997-2073 3
Application No. 08/308,639
According to appellants, “[c]laims 3, 5-8, 10, 27 and 28
all stand or fall together.” Therefore, for purposes of this
appeal, we only need to consider the propriety of the
examiner’s rejection of claim 27 consistent with 37 CFR §
1.192(c)(7) and (c)(8) (1995). Claim 27 is reproduced below:
27. A composite filament yarn which comprises a
filament having a polyamide sheath component and a
polyurethane core component arranged eccentrically
within said polyamide sheath component so that said
polyamide sheath component has a thinnest portion,
said polyurethane core component having a neck
portion extending radially through the thinnest portion
of said polyamide sheath component to the surface
of the filament where it is exposed at a substantially
uniform width of between 2% and 25% of the circumference
of the filament and having a standard deviation about
a mean value not exceeding 2.0%.
As evidence of obviousness, the examiner relies on the
following prior art:1
Price et al. (Price) 2 2032912 Jan. 21, 1971
(Published German Patent Application)
Tanaka et al. (Tanaka) 3 63-256719 Oct. 24,
1Our reference to the foreign prior art patent
applications cited herein is to their corresponding English
translations of the record.
2The examiner refers to this German prior art as “Fincke.”
See Answer, pages 2 and 3. We will refer to it in our
decision as “Price.”
3The examiner refers to this Japanese prior art as
“Kanebo.” See Answer, pages 2 and 3. We will refer to it in
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