Appeal No. 1998-2436
Application 08/550,667
(CCPA 1978). Here, Figure 2 adequately conveys to one of
ordinary skill in the art a filament having a thickness
which tapers substantially symmetrically and "smoothly"
about a longitudinal axis.
In view of the above, we reverse the 35 U.S.C. §
112, first paragraph rejection of claims 1-10.
II. The 35 U.S.C. § 112, first paragraph, enablement
rejection
The examiner states that in view of the declaration
dated August 15, 1996 of Mr. Cole, “it is clear that the
specification fails to actually teach how to produce the
claimed diamond-shaped cross section filaments.”
(Answer, page 5).
Beginning on page 16 of their brief, appellants
state that the specification teaches that the filaments
are formed by extruding various polymers. On page 17 of
the brief, appellants state that a person skilled in the
art of polymer extrusion "knows well that to obtain a
filament having a certain shape, the spinerette to which
the polymer is extruded should have that shape".
Further, appellants state that it is well known that
drawing and texturizing the extruded filaments can be
used to further shape the extruded filaments. (brief,
1 We note (as indicated on page 5 of appellants’ brief) that original
Figure 2 was amended. We observe that original Figure 2 and amended
Figure 2 each depict the same basic structure.
4
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