Appeal 2006-2045
Application 10/284,357
We find the evidence provided in the two Declarations to be not
persuasive. The Barker Declaration merely establishes the art-recognized
acceptance of the KES system of measurement and concludes that “[a]
person of ordinary skill in the art, given a particular fabric, would know how
to apply those known practices and test procedures using the KES to
ascertain each of the five PARAMETERS identified above and set forth in
Claims 26-32 of the present patent application.” Barker Declaration, ¶ 3.
This finding has not been contested by the Examiner.
The Adams Declaration concludes that Example 1 of Taylor does not
provide sufficient information to a person of skill in the textile industry to
conclude how many filaments would be included in the denier ranges taught
by Taylor for warp and weft yarns (Adams Declaration, ¶ 5). However, the
Adams Declaration does not address the issue of optimization given the
teachings of Taylor, nor present any evidence of unexpected results for the
claimed filament ranges. Furthermore, as correctly noted by the Examiner
(Answer 7), the Adams Declaration does state that it is “common
knowledge” the denier is directly related to the crimp frequency, the crimp
amplitude, and thus affects the resulting “hand” of the fabric (¶ 6).
Based on the totality of the record, including due consideration of
Appellants’ arguments and evidence, we determine that the preponderance
of evidence weighs most heavily in favor of obviousness within the meaning
of § 103(a). Therefore we AFFIRM both rejections on appeal.
The decision of the Examiner is AFFIRMED.
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