Appeal 2006-2652
Application 09/842,373
said fibers having an intrinsic viscosity of at least 5 dl/g, and a fineness of
less than 5 denier per filament and 0.05 to 5 wt.% of a non-volatile solvent,
said shaped article having a specific energy absorption on impact of an
AK47 MSC point of at least 115 J/kg/m2.
The Examiner and Appellants rely upon the following references as
evidence of obviousness:
Nanri JP 60151311A Aug. 9, 1985
Hogenboom US 5,035,111 Jul. 30, 1991
Dischler US 5,225,241 Jul. 6, 1993
Van der loo WO 97/00766 Jan. 9, 1997
5 Ballistic Materials and Penetration Mechanics 75, 81, 88 (Roy C. Laible
ed., Elsevier Scientific Publishing Co. 1980)
Appellants’ claimed invention is directed to a shaped article
comprising two or more fiber layers that are compressed on top of another
which exhibits the claimed specific energy absorption (SEA). The shaped
article comprises highly oriented polyethylene fibers and a non-volatile
solvent. According to Appellants, “the high SEA values of the antiballistic
shaped articles according to the invention is[sic, are] surprising since the
solvent has no antiballistic effect, per se, but does contribute to increasing
the areal density which would have been expected to lower SEA values” (Br.
3, last paragraph). The shaped article has utility for use in helmets, inserts in
bullet-proof vests, military vehicles, etc.
Appealed claims 11-14 and 16-24 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Van der loo in view of Nanri.
We have thoroughly reviewed the respective positions advanced by
Appellants and the Examiner. In so doing, we find ourselves in agreement
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