Appeal 2006-2580
Application 09/766,275
wherein the ethylene content of the copolymer is in the range of 0.5 – 10%
by weight.
Appealed claims 1-3, and 7 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Strack in view of Morman.
We have thoroughly reviewed the respective positions advanced by
Appellants and the Examiner. In so doing, we find ourselves in agreement
with Appellants that the Examiner has failed to establish a prima facie case
of obviousness for the claimed subject matter. Accordingly, we will not
sustain the Examiner's rejection.
Strack, like Appellants, discloses the stretchable composite sheet
comprising an elastic sheet and a fibrous, inelastic sheet. However, the
reference fails to teach that the inelastic sheet fibers may comprise an
ethylene copolymer, let alone the claimed ethylene copolymers. Indeed,
Strack fails to teach that the inelastic fibers may be polyolefin polymers or
copolymers, in general. Strack teaches that a well-suited type of material for
the inelastic fabric is nylon tricot, and offers comparable examples of nylon
tricot with polyester and polypropylene. Hence, Strack offers no teaching or
suggestion that the claimed copolymers would be suitable for the inelastic
fibers.
The Examiner relies upon Morman to supply the deficiency in the
Strack. Morman does teach a composite of elastic and inelastic materials but
teaches that the inelastic material should be neckable, wherein Strack
specifically teaches against a neckable or gathered material (See, col. 6,
3
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