Ex parte NISHIMURA et al. - Page 6




          Appeal No. 1997-3339                                                        
          Application 08/306,610                                                      


          increase the probability of longitudinal cracks along the                   
          fiber axis. See the specification at page 12, lines 10-17.                  
               Thus, it is apparent that the examiner’s legal conclusion              
          that the claimed subject matter would have been obvious, is                 
          not supported by an adequate factual basis.  Based on the                   
          factual record before us, we cannot sustain the examiner’s                  
          stated obviousness rejection of the appealed claims.                        











               The decision of the examiner is accordingly, reversed.                 
                                      REVERSED                                        










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