Ex parte WILKES et al. - Page 3




          Appeal No. 1998-0113                                                        
          Application No. 08/437,517                                                  


          examiner finds that Turbak is silent as to any length-to-width              
          aspect ratio but that “Minami states that it is well known in               
          the art to vary and control the length and width aspect ratio               
          of 2:1-6:1 as claimed in order to increase the bulk of the                  
          fibers.”  Id.  From these findings, the examiner concludes                  
          that it would have been obvious to one of ordinary skill in                 
          the art to combine the length-to-width aspect ratio as taught               
          by Minami in the fibers of Turbak in order to desirably                     
          increase the bulk of the fibers (id.).                                      
               There must be some suggestion, teaching, or motivation                 
          for combining references, found either in the references                    
          themselves, the knowledge generally available to one of                     
          ordinary skill in the art, or the nature of the problem to be               
          solved.  See In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d                  
          1614, 1617 (Fed. Cir. 1999); In re Jones, 958 F.2d 347, 351,                
          21 USPQ2d 1941, 1943-44 (Fed. Cir. 1992).  The showing of the               
          suggestion, reason or motivation must be clear and particular.              
          Dembiczak, supra.  We determine that the examiner has not                   
          presented any convincing or reasonable showing of any                       



                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007