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Company (Washington, DC, March 2006). 2 The ground of rejection of claim 29 under 35 U.S.C. § 102(b) over Bowers is withdrawn by the Examiner (Answer 2). 2Page: Previous 1 2 3 4 5 6 Next
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