Ex Parte SHIMODA et al - Page 4



          Appeal No. 2002-0417                                                        
          Application No. 08/973,213                                                  

          benefit of letting part of the process proceed during storage or            
          transportation" (page 4 of Answer, second paragraph).                       
               While we understand the examiner's logic regarding                     
          completing the curing process during storage or transportation,             
          we agree with the arguments raised in appellants' Reply Brief               
          that such curing during storage or transportation does not bring            
          about the claimed process of holding the wound fiber at a                   
          particular temperature and time before rewinding the fiber.  The            
          examiner has not set forth any rationale which explains why it              
          would have been obvious for one of ordinary skill in the art to             
          control the holding time before performing the rewinding step               
          disclosed by Roderburg.  As a result, the examiner's conclusion             
          of obviousness does not have the requisite factual support.                 
          While the examiner notes that at room temperature of 25°C the               
          value of the recited relationship is 48 hours, and "one would               
          immediately visualize storing/transporting fibers to take at                
          least 48 hours" (page 5 of Answer, penultimate paragraph), the              
          examiner has pointed to no teaching or suggestion of effecting a            
          holding time of 48 hours before performing the rewinding step of            
          Roderburg.  The examiner's statement that "[l]etting a spool of             
          fiber sit at room temperature for 48 hours is hardly a new                  
          invention" does not address the claimed requirement that the                

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