Ex Parte Barker - Page 2




          Appeal No. 2004-2324                                                        
          Application No. 10/226,852                                                  


               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Loshigian                     3,443,020             May   6, 1969           
          Hale et al. (Hale)            3,611,976             Oct. 12, 1971           
          Nesbitt                       6,369,125             Apr.  9, 2002           
                                                      (filed Dec. 23, 1999)           
               Appellant's claimed invention is directed to a marine                  
          fairing made from a material, such as a polyether-based                     
          thermoplastic polyurethane, that has a number of recited                    
          properties, e.g., a specific gravity of approximately 1.0 to 1.2            
          gr/cc (claim 1).  A "fairing" is a generally teardrop shaped                
          device that is attached to cables towed by vessels in water.                
          Fairings ameliorate the detrimental effects of hydrodynamic                 
          forces acting on the cable being towed.  Rigid fairings maintain            
          their shape while being subjected to such hydrodynamic forces but           
          "are prone to crushing if spooled onto a drum under subsequent              
          layers of cable" (page 2 of Brief, third paragraph).  According             
          to appellant, the fairings of the present invention solve the               
          problem by being "made from a material such that the fairing is             
          rigid enough to maintain its shape while in use in the water, but           
          flexible enough to be left on the cable and spooled onto a drum             
          without damage" (page 2 of Brief, last paragraph).                          



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