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 5Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007