Appeal No. 1997-2073 4
Application No. 08/308,639
1988
(Published Japanese Kokai Patent Application)
Claims 3, 5 through 8, 10, 27 and 28 stand rejected under
35 U.S.C. § 103 as unpatentable over the combined disclosures
of Tanaka and Price.
This is the second appeal of claimed subject matter which
is directed to a composite filament drawn yarn. In comparison
with the claims considered by the previous merits panel in
the decision entered July 21, 1994 (Paper No. 23), the
appealed claims as represented by claim 27 now require (1) the
polyurethane core exposed to the filament surface to have “a
substantially uniform width” rather than “a constant width
along the length thereof” as required by previous claim 25.
In accordance with page 8 of the specification, we interpret
the term “a substantially [exposed] uniform width” as an
exposed width having a standard deviation of not exceeding 2%.
It then follows that the appealed claims as represented by
claim 27 are a little broader or identical to previous claim
25 which was considered in the decision entered July 21, 1994.
Appellants, however, have submitted two Rule 132 declarations
to clarify the showing in the specification and bolster
our decision as “Tanaka.”
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