Appeal No. 2004-1572
Application No. 09/370,104
center hair, said center hair comprising a break line hair.” We agree. Appellants’ original
specification specifically discusses these terms at page 21, line 12, to page 22, line 18.
Notwithstanding the Examiner’s position, we have reviewed the Van Gelder reference
and fail to find anything in the reference that teaches or suggests these claim limitations.
Therefore, we will not sustain the Examiner’s rejection under 35 U.S.C. § 103.
Conclusion
In view of the foregoing discussion, we have not sustained the rejection under
35 U.S.C. § 103 of claims 1-61.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH F. RUGGIERO ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ALLEN R. MACDONALD )
Administrative Patent Judge )
ARM:psb
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