Appeal No. 2001-2559
Application No. 09/276,722
been obvious to utilize barium sulfate as the high density filler
material in JP ‘046.5 We do not agree.
Discussion
JP ‘046 pertains to a low cost material for use in marine
applications, such as fishing nets, that prevents the adhesion of
shellfish and algae thereto, while at the same time offering a
high degree of corrosion resistance, strength, and wear
resistance (translation, page 10). JP ‘046 discloses that this
objective can be achieved by mixing a metal powder such as pure
copper with nylon 6 or nylon 66 resins (translation, page 11).
Although other metal powders such as silver or nickel can be
used, copper is preferred (translation, page 14).
JP ‘613 is directed to synthetic resin filaments having high
specific gravity and excellent strength that may be used in
marine applications such as fishing nets (translation, page 2).
As explained on page 6 of the translation, JP ‘613 found that
when polyethylene is used as the base material with sulfuric acid
5Certain statements made by the examiner in the answer in
responding to appellants’ arguments could perhaps be interpreted
as suggesting an alternative theory of obviousness utilizing JP
‘613 as the starting point of the rejection and providing nylon 6
or nylon 66 as the base material therein. However, no formal
presentation of any such alternative theory has been set forth by
the examiner, and we decline to speculate as to whether the
examiner intended to advance any such alternative theory.
5
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