Appeal No. 1998-3158
Application No. 08/467,634
189 USPQ 143, 147 (CCPA 1976). The mere fact that the prior
art could be modified as proposed by the examiner is not
sufficient to establish a prima facie case of obviousness.
See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783
(Fed. Cir. 1992).
Arkens reacts a carboxy-, anhydride- or carboxy salt-
containing polymer with a $-hydroxyalkylamide in the presence
of heat resistant fibers, the disclosed fibers being aramid,
polyester and glass fibers. These fibers are not disclosed as
containing hydroxyl groups. Welch, on the other hand, reacts
a polycarboxylic acid with hydroxyl groups of a cellulosic
textile to impart wrinkle resistance and smooth drying
properties to the textile. The examiner does not explain, and
it is not apparent, why one of ordinary skill in the art would
have been led by the references to use Welch’s catalyst, which
is used for catalyzing the esterification reaction between a
polycarboxylic acid and hydroxyl groups of cellulosic fibers
such that the desired cellulosic fiber textile properties are
obtained, as a catalyst for reacting Arkens’ carboxy-,
anhydride- or carboxy salt-containing polymer with hydroxyl
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