Ex parte DEMUTH et al. - Page 6




          Appeal No. 2000-0331                                                        
          Application No. 08/822,145                                                  


               were changed.  Therefore, in accordance with the                       
               original disclosure, I believe that the ordinarily                     
               skilled artisan would be able to repeat the                            
               empirical determination of the settings for the                        
               coarse cleaner for each type of bale or group of                       
               bales to be utilized in the textile process.  Once                     
               established, it is my considered opinion that the                      
               ordinarily skilled artisan, in accordance with the                     
               original disclosure, would be able to store the                        
               empirically determined settings in a microcomputer                     
               adapted to automatically adjust the coarse cleaner                     
               settings.  In this manner, adjustment of the coarse                    
               cleaner settings would occur without necessitating                     
               the time consuming stopping of the textile process                     
               to manually adjust the coarse cleaner settings, as                     
               required in the prior art.  For a particular fiber                     
               material bale, using the disclosed information and                     
               knowledge that is common in the art, I believe that                    
               the ordinarily skilled artisan would be able to                        
               determine the optimum settings for the coarse                          
               cleaning device . . . .  Because the amount of time                    
               for determining the optimum settings of the coarse                     
               cleaner in accordance with the empirical                               
               determination of the present invention is                              
               substantially the same amount of time as was                           
               required in the prior art to determine the optimum                     
               settings for the coarse cleaner for a particular                       
               fiber material bale, it is my conclusion that no                       
               undue experimentation would be necessary, nor would                    
               there be any particular hardship in practicing the                     
               claimed invention.  Further, because the ordinarily                    
               skilled artisan is familiar with storing values in a                   
               microcomputer, I believe that the ordinarily skilled                   
               artisan would be able to store the optimally                           
               established settings in a microcomputer for each                       
               fiber material bale to be utilized in the process.                     
               Based upon declarant’s admission that the coarse fiber                 
          cleaning machine settings involve nothing more than automating              

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