Appeal No. 2005-0288 Page 16
Application No. 10/075,786
In our view, the combined teachings of Ratigan and Holland would have made it
obvious at the time the invention was made to a person having ordinary skill in the art to
have modified the protective cover of Ratigan so as to utilize Spectra® fibers as set forth
in the rejection under appeal. We find the appellants' arguments unpersuasive for the
following reasons.
First, while Ratigan's cover is not formed from a high performance yarn, the
teachings of Holland are sufficient to have made it obvious at the time the invention was
made to a person having ordinary skill in the art to have modified the protective cover of
Ratigan so as to utilize Spectra® fibers. In this regard, we note the rejection is under
35 U.S.C. § 103 not 35 U.S.C. § 102.
Second, Holland is analogous art for the reasons set forth above.
Lastly, there is motivation, without the use of impermissible hindsight, for a
person having ordinary skill in the art to have combined the teachings of Ratigan and
Holland so as to arrive at the claimed invention. Holland's clear teaching that a fabric
made of commercially available Spectra® fibers has minimal weight, increased abrasion
resistance, tear strength, and cut and stab resistance which overcomes the
disadvantages of polyester fabric covers provides, in our opinion, sufficient motivation
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