Appeal No. 2005-0288 Page 17
Application No. 10/075,786
for an artisan to have modified Ratigan's protective cover by using Spectra® fibers, thus
arriving at the claimed invention. Additionally, we note that Holland also teaches that
his improved fabric can be used for uses other than as a cargo cover where a
lightweight, tear-resistant, abrasion resistant, stab-and-cut resistant, chemical resistant,
and cold resistant fabric is required.
For the reasons set forth above, the decision of the examiner to reject claim 40
under 35 U.S.C. § 103 is affirmed.
Rejection 3
We sustain the rejection of claims 10 to 12 and 36 to 38 under 35 U.S.C. § 103
as being unpatentable over Andrieu in view of Holland and Kite.
In this rejection, the examiner proposes to combine the closure device of Andrieu
as modified by Holland, and the plurality of axially compressible and radially expansible
devices of Kite (see Figure 3). The appellants argue (brief, p. 10) that:
As argued above, Andrieu et al. cannot be properly modified by Holland et al.
Further, the Examiner again provides no explanation how or why one of ordinary
skill would be motivated to modify Andrieu et al., and there is no teaching,
suggestion, or motivation in Andrieu et al. for such a modification.
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