Appeal No. 2005-1605
Application No. 10/295,072
fibers tend to clog the metering orifice of the coating
orifice, and refers to column 3, lines 20-33. Brief, page
9. In the reply brief, appellants also emphasize this
teaching of Vernon with regard to clogging coating
orifices.
In column 3, beginning at line 20, of Vernon, Vernon
discloses that the glass monofilaments used have a
preferred length of about 6-7 mm, and amount of 0.5 percent
by volume of the syrup. The glass filaments also have an
average diameter of 9 micrometers. Hence, Vernon’s
disclosure regarding clogging is limited to this size and
amount of fiber.
We note, however, for example, that Donermeyer teaches
that glass fiber that is conventionally used “is preferably
in the form of milled fibers or chopped fibers of average
length in the range of about 0.8 mm to about 6.4 mm and
longer, and of a diameter in the range of about 2 to about
20 microns. The preferred average length is in the range
of about 1.6 mm to about 6.4 mm.” See column 6, lines 12-
22 of Donermeyer. Hence, Donermeyer’s teachings encompass
a size (length and diameter) not taught by Vernon to cause
clogging of an orifice. That is, Donermeyer teaches a
fiber length as small as 1.6 mm (which is less than 6 to 7
mm which is taught by Vernon to be the length that would
clog a coating orifice).
It is therefore our judgment that one of ordinary
skill in the art would have found it prima facie obvious
from Donermeyer’s teachings, as discussed, supra, to select
a fiber having an optimum or workable size, thus arriving
at appellants’ claimed process as set forth in claim 1.
See, In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219
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