Ex parte WEINBERG - Page 23




          Appeal No. 1998-0215                                                       
          Application No. 08/052,671                                                 


               The reference does suggest inclusion of a surfactant                  
               in the resin, and as such would have suggested                        
               to the skilled artisan that the cloth [would] be                      
               saturated.                                                            
               Appellant does not dispute the above finding and                      
          conclusion set forth by the examiner.  See Reply Brief, page               
          6.  Appellant only argues that the claimed melting point                   
          limitation is not taught by Yoshimi.  Id.  However, as                     
          indicated supra, we find that Yoshimi teaches at least one                 
          heat-resistant thermoplastic resin having the claimed melting              
          point.  Accordingly, we affirm the examiner’s § 103 rejection              
          of claim 4 as unpatentable over the disclosure of Yoshimi.                 
               With respect to claim 18, the examiner takes the position             
          (Answer, page 5) that                                                      
               the use of any known thermoplastic of the type                        
               suggested by the reference, including PETG                            
               would have been obvious to the skilled artisan as the                 
               use of known, commercially available materials of                     
               the type suggested by the reference.                                  
          As argued by appellant (Reply Brief, page 6), we find no                   
          teaching or suggestion that polyethylene terephthalate glycol              
          (PETG) is useful for the purpose mentioned in Yoshimi.  Thus,              
          we agree with appellant that the examiner has not established              
          a prima facie case of obviousness regarding the claimed                    

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