Appeal No. 1998-1075
Application No. 08/701,600
removing at least some of the second material coating at
least some of the fibers;
applying the curable liquid resin to the substrate after
the step of removing at least some of the second
material; and
curing at least some of the curable liquid resin to
provide a resin layer on the substrate.
The examiner has relied upon Holker et al. (Holker), UK
Patent Application 2 142 556 A, published on Jan. 23, 1985, as
evidence supporting the rejections on appeal. Accordingly,
the claims on appeal stand rejected under 35 U.S.C. § 102(b)
as anticipated by or, in the alternative, under 35 U.S.C. §
103(a) as unpatentable over Holker (Answer, page 3). We
reverse these rejections for reasons which follow.
OPINION
It is well settled that the examiner bears the initial
burden, on review of the prior art, of presenting a prima
facie case of unpatentability. See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). In this
appeal, the examiner finds that Holker discloses a method of
coating a substrate such as knitted, woven or non-woven fabric
comprising the steps of partially impregnating the substrate
with a gel or organic polymer, wiping off the excess gel,
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