Appeal No. 2001-2559
Application No. 09/276,722
JP ‘046 A shows a fishing net made from mixing nylon-6
or nylon-66 with a copper powder having a density
greater than 3.0 grams/cc in the range of 3-50 weight
percent, heating and extruding to form a fishing net
with antifouling properties, corrosion resistance, and
wear resistance. JP ‘046 A and JP ‘613 do not disclose
that the net is acoustic reflective, but since the
composition of the net is the same the net would
inherently be acoustically reflective. JP ‘163 patent
shows a fishing net made from a polymeric matrix having
particles of barium sulfate mixed therein, which has a
density of greater than 3.0 grams/cc and comprising 20-
500 weight percent barium sulfate and 100 weight
percent polyethylene. This is in the range recited for
20-25 weight percent barium sulfate and 100 weight
percent polymer. JP ‘046 also shows the copper being
added to the nylon in the range recited. In reference
to claim 13, JP ‘046 shows all of the elements recited
with the exception of the metal or metal oxide recited.
JP ‘046 shows copper. However, it would have been
obvious to [provide] JP ‘046 with barium sulfate as
shown by JP ‘613 since substitution of one high density
material for another is contemplated. Also, the
material used is deemed to be a matter of design choice
absent a showing of criticality. See In re Leshin, 125
USPQ 416 which states [that] the selection of a known
material is based on its suitability for the intended
use. JP ‘046 shows all of the elements recited in
claim 16[4] with the exception of the
polyethyleneterephthalate. JP ‘046 uses nylon-66. JP
‘613 discloses polyethylene. However, it would have
been obvious to employ polyethyleneterephthalate since
merely the substitution of one thermoplastic for
another is contemplated. See the citation to In re
Leshin, above. In reference to claim 21, JP ‘046
discloses copper.
Based on the above, we understand the examiner’s theory of
obviousness to be founded on the proposition that it would have
4Claim 16 has since been canceled.
4
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