Ex Parte Barker - Page 5




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


          appellant's argument that Loshigian discloses a faired cable                
          rather than a marine fairing is not convincing.  First, we concur           
          with the examiner that "Applicant has not claimed a marine                  
          fairing that attaches to a cable" (page 15 of Answer, second                
          paragraph).  Furthermore, we subscribe to the examiner's                    
          reasoning that "[t]he cable itself in Loshigian is a marine                 
          fairing.  A faired cable used in a marine environment is a marine           
          fairing" (page 16 of Answer, second paragraph).  Moreover, we are           
          satisfied that one of ordinary skill in the art would have found            
          it obvious to apply the principles of the polyurethane faired               
          cable of Loshigian to the design of well-known fairings that are            
          attached to cables.                                                         
               As a final point, we note that appellant bases no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results attached to the use of a polyurethane material having the           
          recited properties as a marine fairing.                                     
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, the examiner's decision rejecting the               
          appealed claims is affirmed.                                                






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