Appeal No. 1997-2073 8
Application No. 08/308,639
a mean value of 1.7% and 2.1%, respectively. See comparative 4
Y and Y . Appellants have not6 7
demonstrated that one of ordinary skill in the art desiring to
obtain a crimped composite fiber having the consistent
property along its length, i.e., a substantially uniform
width, would not have been led to the claimed crimped
composite fiber in view of the combined disclosures of Tanaka
and Price.
Appellants argue that the claimed subject matter as whole
imparts unexpected results. In support of their position,
appellants rely on the Rule 132 declarations dated November
14, 1994 and November 6, 1995, together with the examples and
Table
1 of the specification. Having evaluated the showing in the
declarations and the specification, we conclude that
4Appellants have evinced that Tanaka cannot produce a
crimped composite fiber comprising the polyurethane core
component exposed on its surface having a substantially
uniform width of between 2 and 25% of the circumference of the
filament with a standard deviation about a mean value not
exceeding 1.3%. See specification, page 24, together with Ex
parte Jackson, 110 USPQ 561, 562 (Bd. App. 1956). However,
the claims on appeal are not limited to these types of crimped
composite fibers.
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