Appeal No. 2005-0288 Page 8
Application No. 10/075,786
and other uses where a lightweight, tear-resistant, abrasion resistant,
stab-and-cut resistant, chemical resistant, and cold resistant fabric is required.
In the rejection of claim 1, the examiner ascertained (answer, p. 7) that Andrieu
does not disclose the protective cover being made from high performance yarns having
a tensile modulus equal to or greater than 150 grams/denier and a tenacity equal to or
greater than 7 grams/denier, wherein the yarns are cut and tear resistant. The
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
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