Appeal No. 2007-0412 Page 4
Application No. 10/195,609
1 6. The examiner summarizes the subject matter of the claims as follows
2 (Answer, pp. 3-4):
3 Appellant[s] claims a fabric having a hydraulically napped surface
4 comprised of a plurality of fiber tangles of fibers that are substantially intact
5 and undamaged. The fabric is a woven fabric having warp yarns of spun
6 polyester. The majority of the fibers comprising tangles of the napped
7 surface are comprised of fibers from said warp yarns. Appellant[s] also
8 claims specific Kawabata System values of MIU, LC, DEN50, 2HB, and
9 COMP properties. Additionally, appellant claims the nap index of the fabric
10 increases with repeated launderings.
11
12 7. The examiner found that the subject matter described in Willbanks ‘952
13 and ‘733 as follows (Answer, pp. 3-4):
14 Both Willbanks references disclose a hydraulically napped fabric
15 wherein the napped surface is produced from the warp yarns of a woven
16 fabric (Willbanks ‘952: abstract and col. 3, lines 6-44; Willbanks ‘733:
17 abstract and col. 3, lines 20-57). The warp yarns are preferably spun yarns,
18 such as polyester, and the fibers of the nap are substantially uncut or
19 broken (i.e., intact and undamaged) (Willbanks ‘952: col. 3, lines 25-29 and
20 working examples; Willbanks ‘733: col. 3, lines 38-68 and working
21 examples).
22
23 8. The Examiner found that each structural element set forth in the claims is
24 described in the Willbanks references.
25 9. The Brief does not seem to take issue with the Examiner’s findings
26 summarizing the claimed subject matter and the Willbanks ‘952 and Willbanks
27 ‘733 disclosures.
28 10. The Brief contains no cogent analysis pointing out why any element set
29 forth in the claims is not disclosed in the Willbanks references.
30 11. The examiner found that the only “difference” between the claimed fabric
31 and the fabric described in Willbanks ‘952 and Willbanks ‘733 is that the claims
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