Appeal No. 2003-0580
Application No. 09/139,081
additive to the core and/or sheath polymers (col. 3, lines
20-24). This disclosure in no way indicates that the polymers
are not acid dyeable.
The appellants argue that the Wilson declaration (filed
September 24, 2001, paper no. 15) shows that the claimed
invention satisfies a long felt but unsolved need for the most
desired characteristics of a carpet fiber (brief, pages 9-12).
For the following reasons, this declaration is not effective for
overcoming the prima facie case of obviousness of the appellants’
claimed invention.
First, Wilson does not show that there was a particular long
felt need but, rather, merely indicates that the attendees at
town hall meetings would like better carpet fibers. Wilson
states that BASF’s town hall meetings resulted in “a list of long
felt, but at that time unresolved, industry needs for the most
desired characteristics of the ultimate carpet fiber. These
needs included stain resistance, dyeability to provide color
flexibility at the mill and improved ozone fastness, among other
things” (page 2).
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