Ex parte SMITH et al. - Page 2




          Appeal No. 2000-1121                                                        
          Application No. 08/827,656                                                  


          wherein the rod is overwrapped with a sheet material and an                 
          anti-static additive is incorporated in the rod.  This                      
          appealed subject matter is adequately illustrated by                        
          independent claim 26 which reads as follows:                                
                    26.  An article for use as an anti-static device in               
               a clothes dryer to inhibit static electricity that causes              
               the items of clothing to cling to one another, comprising              
               a rod formed with the shape and appearance of an                       
               elongated cigarette filter having a longitudinal axis,                 
               two ends and being made of a gathered web or filamentary               
               tow substrate extending from end to end of said rod, said              
               rod being overwrapped with a sheet material overwrap, and              
               an                                                                     
               anti-static additive incorporated in said rod.                         
               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Cline                      4,420,002                Dec. 13,                
          1983                                                                        
          Rutherford                 5,069,231                Dec.  3,                
          1991                                                                        
          Morris et al. (Morris)     5,145,595                Sep.  8,                
          1992                                                                        
               Claims 26, 29, 35 and 36 stand rejected under 35 U.S.C.                
          § 102(b) as anticipated by or alternatively under 35 U.S.C.                 
          § 103 as obvious over Rutherford.                                           
               Claims 27 and 28 stand rejected under 35 U.S.C. § 103 as               
          being unpatentable over Rutherford in view of Cline, and claim              
          30 stands correspondingly rejected as being unpatentable over               
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