Ex Parte Hoyt et al - Page 6



          Appeal No. 2026-0818                                                        
          Application No. 10/175,064                                                  
          resistance recited in the appellants’ claims (brief, page 6).               
          Jenkins’ disclosure that the dyeing produces fibers having                  
          improved ozone resistance (col. 1, lines 11-13) indicates that              
          Lin’s fibers, when dyed according to Jenkins’ teaching, would               
          have improved ozone resistance.  Because Lin and Jenkins use,               
          respectively, the appellants’ sheath/core fibers and dyes, the              
          particular degree of ozone resistance observed by the appellants            
          would have been obtainable by one of ordinary skill in the art              
          from the disclosures of Lin and Jenkins through no more than                
          routine experimentation.                                                    
               The appellants argue that one of ordinary skill in the art             
          would have expected that the improved ozone resistance of                   
          Jenkins’ cationic dyeable nylon fibers would be obtained using              
          only the fibers disclosed by Jenkins (brief, page 6).  The                  
          appellants do not provide evidence that none of the fibers                  
          disclosed by Jenkins according to their trade names is nylon 6,12           
          homopolymer.  Regardless, Jenkins’ disclosure pertains to acid              
          dyeing nylon fibers in general, including Lin’s sheath/core nylon           






                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007