Appeal 2006-2287
Application 10/631,320
The claimed method comprises at least the steps of, among other
things, wrapping a wrapper yarn around an untwisted core strand to form an
untwisted wrapped singles yarn, wherein the wrapper fiber comprises at least
a base synthetic fiber material and a heat activated binder fiber having a
melting point at least 20°C lower than the base synthetic fiber; and heat
setting the untwisted wrapped singles yarn to form an untwisted heat-treated
yarn. The heat setting temperature is sufficient to melt the heat activated
binder material which is subsequently cooled and solidifies, which constricts
the base synthetic fiber of the wrapper yarn about the core strand and
securing it to the core strand.
The dispositive issue in each ground of rejection is whether one of
ordinary skill in this art would have found in Bowers at page 3, lines 10-31,
a teaching or inference3 that the method of making a carpet disclosed in the
reference reasonably includes the claimed steps of heat setting the untwisted
wrapped singles yarn to form an untwisted heat-treated yarn at a heat setting
temperature sufficient to melt the heat-activated binder material,
subsequently cooling and solidifying the untwisted heat-treated yarn in a
manner that constricts the base synthetic fiber of the wrapper yarn about the
core strand, securing it to the core strand. This portion of Bowers reads in
pertinent part:
3 It is well settled that a reference stands for all of the specific teachings
thereof as well as the inferences one of ordinary skill in this art would have
reasonably been expected to draw therefrom, see In re Fritch, 972 F.2d
1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir. 1992); In re Preda,
401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968), presuming skill on
the part of this person. In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774
(Fed. Cir. 1985).
3
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