Ex Parte Hayashi et al - Page 5



         Appeal No. 2006-0480                                                                       
         Application No. 10/318,260                                                                 

         having the same size as the organic fibers.  That assumption is not                        
         supported by Takemura’s disclosure.  Takemura merely discloses                             
         premixing organic short fibers with a polymer, which can be                                
         silicone rubber, to obtain organic fiber-reinforced polymer which                          
         can be kneaded into the cover base material (col. 5, lines 52-55).                         
              For the above reasons we conclude that the examiner has not                           
         carried the burden of establishing a prima facie case of                                   
         obviousness of the appellants’ claimed invention.                                          
                                     DECISION                                                       
              The rejection of claims 1, 3, 4 and 6-12 under 35 U.S.C. § 103                        
         over Endo in view of Takemura is reversed.                                                 
                                     REVERSED                                                       



                        TERRY J. OWENS       )                                                      
                        Administrative Patent Judge )                                               
                                                      )                                             
                                                      )                                             
                                                      )                                             
                                                      ) BOARD OF PATENT                             
                        STUART S. LEVY      )     APPEALS                                           
                        Administrative Patent Judge )       AND                                     
                                                      )  INTERFERENCES                              
                                                      )                                             
                                                      )                                             
                                                      )                                             
                        ROBERT E. NAPPI      )                                                      
                        Administrative Patent Judge )                                               
                                         5                                                          











Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007