Ex parte WILKES et al. - Page 5




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


          teaches against use of special spinnerettes (col. 1, ll. 40-                
          41) while Minami uses a special spinnerette in combination                  
          with certain drying tensions (page 5, last paragraph; page 6,               
          5th paragraph; page 7, second full paragraph; and the                       
          Comparison Examples on page 10).  Therefore, even if the                    
          references were combined, the examiner has not explained how                
          the aspect ratios desired by Minami could have been produced                
          by the method disclosed by Turbak.  Additionally, if the                    
          references were combined as proposed by the examiner to employ              
          the aspect ratio of Minami in the fibers of Turbak, the                     
          claimed subject matter would not be suggested because the                   
          fibers of Turbak are not viscose fibers as claimed.                         
               For the foregoing reasons and those set forth in the                   
          Brief, we determine that the examiner has not established a                 
          prima facie case of obviousness in view of this reference                   
          evidence.  Accordingly, the examiner’s rejection of the claims              
          on appeal under 35 U.S.C. § 103 over the combination of Turbak              
          and Minami is reversed.                                                     
               The decision of the examiner is reversed.                              
           REVERSED                                                                   


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