Appeal 2006-2045
Application 10/284,357
AFFIRM both rejections on appeal essentially for the reasons stated in the
Answer, as well as those reasons set forth below. Our opinion follows.
OPINION
The Examiner finds that Taylor discloses a woven fabric comprising
weft yarns which are air texturized and warp yarns which are false twist
texturized (Answer 3). The Examiner further finds that Taylor teaches that
the denier range of the warp yarns is 50 to 150 and the denier range of the
filling yarns is 100 to 300 (id., citing col. 8, ll. 56-60).2
The Examiner recognizes that the differences between the references
and the claimed subject matter is that Taylor does not teach the claimed
number of filaments per yarn (Answer 3) or the values for the parameters of
pilling resistance, surface SMD, bending rigidity, compressibility, shearing
stiffness, and extensibility (Answer 4). See Graham v. John Deere Co., 383
U.S. 1, 17 (1966). However, the Examiner finds that Example 1 disclosed
by Taylor teaches a 2:1 ratio of denier to filaments, and thus the Examiner
concludes that this Example would have suggested such a ratio for other
deniers to one of ordinary skill in this art (Answer 3). Additionally, the
Examiner concludes that it would have been obvious to one of ordinary skill
in this art to optimize the number of filaments in the yarns since it was well
known that the properties of the yarns depend on the number of filaments
(id.). Finally, the Examiner finds that Taylor teaches that the denier of the
fill yarns should be greater than the denier of the warp yarns (Answer 4).
With regard to the claimed parameters, the Examiner finds that it is
2 The word “denier” is commonly used in the fabric art as a unit of fineness for yarns,
based on a standard of 50 milligrams per 450 meters of yarn. See Webster’s II New
Riverside University Dictionary, p. 362, The Riverside Publishing Co., 1984.
3
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