Ex Parte Hayakawa et al - Page 3

                   Appeal 2006-2120                                                                                                    
                   Application 09/890,863                                                                                              

                                   22.  A loud-speaker comprising a loud-speaker diaphragm,                                            
                           characterized in that the loud-speaker diaphragm is made up of said                                         
                           woven fabric for loud-speaker diaphragm according to claims 19 or                                           
                           20.                                                                                                         

                           The Examiner has relied on the following references as evidence of                                          
                   unpatentability:                                                                                                    
                   Giesick                                      US 4,856,110                    Aug. 15, 1989                          
                   Warner                                      US 4,918,912                    Apr. 24, 1990                           
                   Kolmes                                     US 4,936,085                    Jun. 26, 1990                            
                   Weber                                       US 5,233,821                    Aug. 10, 1993                           
                   Research Disclosure 35439 (RD ‘439), Anonymous, “Uses for PBO Fiber,”                                               
                   pp. 678-684, October 1993.                                                                                          
                           Claims 21-24 stand rejected under 35 U.S.C. § 112, second paragraph,                                        
                   as indefinite (Answer 3).  Claims 19-24 stand rejected under 35 U.S.C.                                              
                   § 102(b) as anticipated by Weber (Answer 4).  Claims 21-24 stand rejected                                           
                   under 35 U.S.C. § 103(a) as unpatentable over RD ‘439 in view of Weber                                              
                   (Answer 5).                                                                                                         
                           Based on the totality of the record, we REVERSE the rejection based                                         
                   on § 112, second paragraph essentially for the reasons stated in the Brief and                                      
                   Reply Brief, as well as those reasons set forth below.  We also REVERSE                                             
                   the rejection of claims 21-24 under both § 102(b) and § 103(a) essentially                                          
                   for the reasons stated in the Brief and Reply Brief, as well as those reasons                                       
                   set forth below.  We AFFIRM the rejection of claims 19 and 20 under                                                 




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