Appeal No. 1998-2436
Application 08/550,667
corners or an elliptical form. On page 12 of the answer,
the examiner states that Hisaaki discloses filaments that
range in cross section from rectangular to oval "which
includes all shapes as one goes from rectangular to oval
not just the two shapes of rectangular and oval".
Upon our review of Hisaaki, we observe on page 4 of
the English translation, first paragraph, that Hisaaki
discloses a yarn having either a rectangular cross
section with round corners or an oval cross section.
Also, at the top of page 6 of Hisaaki, Hisaaki discloses
a yarn having a cross-section that is shaped
rectangularly with rounded or a cross section shaped
oval. On page 24 to page 25 of the brief, appellants
recognize this same disclosure.
On page 25 of the brief, appellants state that
Hisaaki "merely recites its variable contraction ratio
yarns may take conventional yarn shapes whose cross
sections range from rectangular to oval".
We are unable to find any disclosure in the English
translation of Hisaaki that specifically indicates that
cross sections of the fiber can range from rectangular to
oval (to include all shapes in between rectangular and
oval). However, even assuming, arguendo, that Hisaaki
discloses that there is a range of shapes from
rectangular to oval, we determine that the examiner has
not met his burden of setting forth a prima facie case,
for the following reasons.
remedy the deficiencies noted in the primary reference to Hisaaki,
infra.
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007