Appeal No. 2005-0117 Page 8
Application No. 09/860,423
examiner then determined (answer, pp. 8-9) that it would have been obvious to one
having ordinary skill in the art at the time the invention was made to modify the
protective cover of Andrieu (which is made of polyester fibers) to comprise Spectra®
fibers and the fabric parameters of the protective fabric as taught by Holland because
Holland teaches that such a fabric by made of commercially available Spectra® fibers
and having the specified parameters, overcomes the disadvantages of polyester fabric
covers, has minimal weight, increased abrasion resistance, tear strength, cut and stab
resistance, and is compatible with the environment in which the cover is used.
The appellants argue that claim 1 is not suggested by the teachings of Andrieu
and Holland for the following reasons. First, Andrieu's cover is not formed from a high
performance yarn. Second, Holland is directed to a cargo curtain, not a protective
sleeve, and as such is non-analogous. Third, there is no motivation, absent the use of
impermissible hindsight, for a person having ordinary skill in the art to have combined
the teachings of Andrieu and Holland so as to arrive at the claimed invention. Lastly,
the appellants urge that Andrieu's invention is directed to a low cost fabric which
teaches away from the invention which utilizes a costly high performance yarn.
In our view, the combined teachings of Andrieu and Holland would have made it
obvious at the time the invention was made to a person having ordinary skill in the art to
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