Appeal 2006-2045
Application 10/284,357
yarns made of polyester (Br. 7). Claim 26 is illustrative of the claimed
invention and is reproduced below:
26. A curtain or a bedspread formed of a woven fabric including
textured warp and weft yarns formed of polyester;
said warp yarns including 140-160 denier false twist textured yarns
with about 55-65 filaments in either single or two-ply form;
said weft yarns including about 140-160 denier air textured yarns with
about 90-110 filaments in two or three-ply form[;]
said fabric having scores between 4.5 and 5.0 on each of random
tumble pilling, brush pilling, and Klopman method roughing and pilling
tests; said fabric having a surface SMD of at least about 4.3 microns, a
bending rigidity 2HB of about .1 or less, a compressibility EMC % of less
than about 28, a shearing stiffness G value of about 2 or less, and an
extensibility EMT % of at least about 3.0.
The Examiner has relied on the following references as evidence of
obviousness:
Goad US 4,919,998 Apr. 24, 1990
Taylor US 5,244,7181 Sep. 14, 1993
Claims 26-28 and 30-34 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Taylor (Answer 3). Claims 29 and 35-38 stand rejected
under 35 U.S.C. § 103(a) as unpatentable over Taylor in view of Goad
(Answer 5). Based on the totality of the record, including due consideration
of Appellants’ arguments, the Declaration under 37 C.F.R. § 1.132
submitted by Adams, and the Declaration submitted by Dr. Barker, we
1 The Examiner incorrectly cites this reference as “US 5,224,718” on page 2, ¶ (8), of the
Answer. However, the Examiner cites the correct patent number for Taylor on page 3 of
the Answer. Since Appellants clearly acknowledge the correct patent number for Taylor
(Br. 8), we hold this error harmless.
2
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