Appeal 2007-0303
Application 10/348,101
aramid polymer; multi-filament yarns including an aramid filament; and a
weight ratio of spun yarn to multi-filament yarn ranges from 85:15 to 92:8.
The reference set forth below is relied upon as evidence of
obviousness:
Ellis US 5,928,971 Jul. 27, 1999
All appealed claims are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ellis.
It is undisputed that Ellis teaches all aspects of the textile fabric
defined by the independent claims on appeal except for the limitation “a
weight ratio of spun yarn to multi-filament yarn ranges from 85:15 to 92:8”
(claims 1 and 19). According to the Examiner, it would have been obvious
for one with ordinary skill in this art to provide Ellis’ fabric with this weight
ratio “since it has been held that discovering an optimum value of a result
effective variable involves only routine skill in the art. In re Boesch,
617 F.2d 272, 205 USPQ 215 (CCPA 1980)” (Answer 4).
The Examiner’s obviousness conclusion is in error. Ellis’ fabric
“preferably includes approximately 50% filament yarns and 50% spun yarns,
but would most likely have adequate performance characteristics with from
about 30 to 70% filament yarns, with the balance spun yarns” (col. 4, ll. 45-
48). Significantly, Ellis’ filament yarn minimum of 30% is twice the
claimed filament yarn maximum of 15%. This fact coupled with Ellis’ 50%
preference teaches away from the claimed range. See In re Sebeck, 465 F.2d
904, 907, 175 USPQ 93, 95 (CCPA 1972) (obviousness rejection based on
optimization reversed where claimed values were outside the prior art range
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Last modified: September 9, 2013