Ex Parte NAGAOKA et al - Page 4




           Appeal No. 2003-0060                                                                     
           Application 09/236,718                                                                   


           modified to be hydrophilic (col. 3, lines 23-31).  The split                             
           fibers can be used to make woven and nonwoven fabrics (col. 3,                           
           lines 21-22).  These fabrics have softness, drapability, good                            
           feel to the hands, and strength (col. 5, lines 30-41; col. 10,                           
           lines 17-25), and can be used as wiper cloths (col. 10, lines 55-                        
           63).  The particularly desirable pairs of incompatible polymers                          
           disclosed by Pike include polyolefin-polyester and polyamide-                            
           polyester (col. 7, line 60 - col. 8, line 10).  Polyamides and                           
           polyesters are disclosed as being hydrophilically modifiable                             
           (col. 6, lines 7-9), i.e., in the absence of this modification                           
           they are oleophilic.                                                                     
                 Because Pike teaches that both polyolefin-polyester and                            
           polyamide-polyester incompatible polymer pairs are suitable for                          
           making nonwoven fabrics having the properties and utility desired                        
           by Nakamura, Pike would have fairly suggested, to one of ordinary                        
           skill in the art, using a polyamide-polyester incompatible                               
           polymer pair as one of the alternatives to Nakamura’s exemplified                        
           polyolefin-polyester incompatible polymer pair for making                                
           Nakamura’s nonwoven fabric.                                                              
                 The appellants argue that Nakamura’s fibers, but not                               
           polyamide-polyester fibers, are so easily split that they are                            


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