Ex Parte Hoyt et al - Page 6



                 Appeal No. 2006-1003                                                                                                              
                 Application 10/046,535                                                                                                            

                 pages 7-8).  Anton’s teachings that amine end groups increase                                                                     
                 acid dyeability and that the sheath is to be basic dyeable but                                                                    
                 not acid dyeable (col. 2, lines 18-19 and 44-47) would have                                                                       
                 fairly suggested, to one of ordinary skill in the art, reducing                                                                   
                 the amine end group content of the sheath as needed to reduce its                                                                 
                 acid dyeability.                                                                                                                  
                         The appellants argue that Anton suggests that the low amine                                                               
                 end group content of the sheath ensures its dyeability by basic                                                                   
                 dyes, whereas the appellants’ sheath is substantially undyed                                                                      
                 (brief, page 7).  Because Anton’s sheath is basic dyeable rather                                                                  
                 than acid dyeable, it remains substantially undyed when exposed                                                                   
                 to an acid dye bath.  As indicated by Anton’s table at column 5,                                                                  
                 lines 29-39, the core becomes orange when exposed to orange acid                                                                  
                 dye, whereas the sheath merely takes on a pink tint.                                                                              
                         For the above reasons we are not convinced of reversible                                                                  
                 error in the examiner’s rejection over Anton in view of Lin.1                                                                     



                         1The appellants’ claim 2 requires that the filament is                                                                    
                 trilobal, and the appellants do not separately argue that claim                                                                   
                 requirement.  Consequently, for the reasons given regarding the                                                                   
                 rejection over Anton in view of Lin, we are not convinced of                                                                      
                 reversible error in the examiner’s rejection of claim 2 over the                                                                  
                 combination of Segraves, Lin, and either Anton or Litjen.                                                                         
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