Ex Parte KING et al - Page 8



           Appeal No. 2001-2559                                                                
           Application No. 09/276,722                                                          

                In light of the foregoing, the standing rejection of claims                    
           13-15, 17, 18 and 21 is not sustainable.                                            
                                            Remand                                             
                This case is remanded to the examiner for consideration of                     
           the patentability of the appealed claims in light of the                            
           teachings of JP ‘046 and JP ‘613 as set forth and explained in                      
           the attached translations thereof.                                                  
                With respect to JP ‘046, we particularly note the disclosure                   
           at page 14, lines 11-13, of the translation that “silver, nickel,                   
           copper, etc.” (emphasis added) may be used as the filler material                   
           in conjunction with the nylon 6 or nylon 66 based material of JP                    
           ‘046.  This disclosure appears to suggest that metals other than                    
           silver, nickel, and copper may be appropriate for the purposes of                   
           JP ‘046.  We also note the disclosure at page 20 of the                             
           translation to the effect that fishing nets may be constructed in                   
           their entirety of the synthetic resin composition of JP ‘046.                       
                With respect to JP ‘613, we particularly note the disclosure                   
           at page 3, line 21, through page 4, line 21, that zinc may be                       
           used as a filler material in conjunction with a conventional                        
           polyolefin base material.  We also note that this portion of JP                     
           ‘613 indicates that when compositions having 40 wt% or greater                      

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