Ex Parte Martin et al - Page 7



        Appeal No. 2006-0983                                                          
        Application No. 09/793,057                                                    

        one side of the backing, wherein the plurality of hooks each have             
        at least one rounded end, and wherein each of the hooks “comprises            
        a polymer having a bulk flexural modulus in a range of 7 kpsi (48             
        MPa) to 30 kpsi (207 MPa).”  As we noted supra, the examiner relies           
        on Tachauer for its teachings regarding hook components having soft           
        and flexible regions formed of a soft polymer having a flexural               
        modulus of between 10 and 60 kpsi, and considers that it would have           
        been obvious to incorporate a soft polymer material like that                 
        taught in Tachauer to provide a non-abrasive, skin-friendly                   
        fastening system in Goulait.                                                  

        Appellants contend (brief, pages 5-6) that Tachauer teaches                   
        forming at least a portion of the substrate or hook backing of a              
        more flexible, soft resin material, but does not disclose forming             
        hooks of the low flexural modulus resin.  We find this line of                
        argument unpersuasive.  More specifically, we direct appellants’              
        attention to Figure 5D of Tachauer and to the disclosure at column            
        6, lines 49-55, wherein it is specifically indicated that both the            
        hook backing or base (102) and a lower portion (104) of the hooks             
        (106) are formed of a polymer material having a flexural modulus              
        falling within appellants’ claimed range.  Thus, considering the              
        disclosure of Tachauer along with that of Goulait of the                      
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