Appeal 2007-0142
Application 10/636,964
The second issue is whether the Examiner erred in rejecting claims 9,
13, 19, and 23 under 35 U.S.C. § 103(a). The issue turns on whether there is
some teaching, suggestion or motivation to modify the invention of
Stahlecker to meet the claimed invention. Specifically, the issue is:
Has the Examiner identified a justifiable basis for varying the lengths of the
projection tips that are inserted into the paraffin ring? We answer this
question in the negative.
FINDINGS OF FACT
Appellant invented a paraffin ring for paraffining yarn. The paraffin
ring is adapted to fit on a spindle-like pin holder of a textile spinning
machine. The holder, or insertion bore, runs concentric to a central
longitudinal axis of the paraffin ring. (Specification 1, ll. 14-17). The
paraffin is applied to a length of yarn as it is conveyed by the spinning
machine during the manufacturing process. (Specification 1, ll. 25-28).
The improvement in the paraffin ring resides in the wear indicator or a
taphole that extends into the cylindrical paraffin member from a first end
and is substantially parallel to the insertion bore. (Specification 2, ll. 6-10).
In operation of the spinning machine, the length of the paraffin ring
wears away to visibly expose the taphole/wear indicator indicating that the
paraffin ring will soon need to be changed. (Specification 2, ll. 13-20).
Stahlecker describes a cylindrical paraffin body (4) for paraffin
waxing yarn. (Col. 3, ll. 42-44; Fig. 3).
Stahlecker discloses the paraffin body(4) is placed on a carrier (28)
that comprises projection tips (28A) that are inserted into the paraffin body
(4). The projection tips (28A) extend into the cylindrical paraffin body (4)
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