Ex Parte Bowers - Page 2

                Appeal 2006-2287                                                                                   
                Application 10/631,320                                                                             

                29.  The method of making a Saxony carpet comprising the steps:                                    
                a.  forming an untwisted core strand comprising at least one member                                
                selected from the group consisting of a natural or synthetic fiber;                                
                b.  forming a wrapper yarn comprising at least one base synthetic fiber                            
                material, and a heat activated binder fiber having a melting point at least                        
                20ēC lower than the base synthetic fiber;                                                          
                c.  wrapping the wrapper yarn about the core strand, forming an untwisted                          
                wrapped singles yarn;                                                                              
                d.  heat setting the untwisted wrapped singles yarn at a temperature                               
                sufficient to melt the heated activated binder material, then subsequently                         
                cooling and solidifying said melt, thereby constricting the base synthetic                         
                fiber component of the wrapper yarn about the core strand and securing it to                       
                the core strand;                                                                                   
                e.  incorporating the untwisted heat-treated yarn into a backing material as                       
                loops;                                                                                             
                f.  cutting the loops to form vertical tufts; and                                                  
                g. dyeing and finishing.                                                                           
                       The Examiner relies on the evidence in these references:                                    
                Katagi        JP 2-300340 A    Dec. 12, 1990                                                       
                Bowers        WO 99/14408 A1   Mar. 25, 1999                                                       
                       The Examiner applies Katagi1 in view of Bowers and Bowers in view                           
                of Katagi to all the claims under 35 U.S.C. § 103(a), the two grounds of                           
                rejection submitted for review on appeal by Appellant (Answer 3-7; Br.                             
                4-5).2  The claims are argued as a group in each ground by Appellant and                           
                thus, we decide this appeal on independent claim 29.  37 C.F.R.                                    
                § 41.37(c)(1)(vii) (2005).                                                                         
                                                                                                                  
                1  We considered the translation of Katagi prepared for the USPTO by                               
                McElroy Translation Company (Washington, DC, March 2006).                                          
                2  The ground of rejection of claim 29 under 35 U.S.C. § 102(b) over Bowers                        
                is withdrawn by the Examiner (Answer 2).                                                           
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