Appeal 2006-2580
Application 09/766,275
ll. 1-4). Accordingly, we agree with Appellants that one of ordinary skill in
the art would not have been motivated to use the inelastic fibers of Morman
for the non-gathered fibers of Strack. Moreover, Morman only teaches
ethylene copolymers, propylene copolymers, and butylene copolymers, in
general, but not the claimed ethylene/propylene and ethylene/propylene/-
butene copolymers , let alone in the recited proportions.
While Strack teaches that "[t]hese knit webs, woven webs and scrim
webs are known in the art: conventional webs, e.g., textile webs, such as a
nonelastic textile web, can be used for the present invention" (col. 8,
ll. 46-48), the Examiner has not established that materials other than the
nylon tricot and polyester fabrics would have been suitable for the non-
gatherable fibers of Strack, particularly the claimed ethylene copolymers.
In conclusion, based on the foregoing, we are constrained to reverse
the Examiner's rejection.
REVERSED
cam
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