Ex Parte Emery et al - Page 5


                 Appeal No. 2007-0412                                                         Page 5                    
                 Application No.  10/195,609                                                                            

            1    recite Kawabata System properties whereas these properties are not explicitly                          
            2    mentioned in either Willbanks ‘952 or Willbanks ‘733:                                                  
            3                  [B]oth Willbanks references teach the presently claimed invention                        
            4         with the exception of the recited Kawabata System properties and the nap                          
            5         index.                                                                                            
            6                                                                                                           
            7    Answer, p. 4.                                                                                          
            8    12.    Appellants do not seem to question the accuracy of the examiner’s                               
            9    characterization of the difference between the claimed subject matter and                              
           10    Willbanks ‘952 and Willbanks ‘733.                                                                     
           11    13.    Kawabata System properties are a measure of a fabric’s “hand” (e.g.,                            
           12    smoothness, fullness, stiffness, softness, flexibility, and crispness). According to                   
           13    the specification, the “hand” of a textile fabric relates to its aesthetic properties.                 
           14           In an effort to quantify further some of the aesthetic advantages of the                        
           15           instant invention, selected measurements were made using the Kawabata                           
           16           Evaluation System (“Kawabata System”). The Kawabata System was                                  
           17           developed … as a scientific means to measure, in an objective and                               
           18           reproducible way, the “hand” of textile fabrics. This is achieved by                            
           19           measuring basic mechanical properties that have been correlated with                            
           20           aesthetic properties relating to hand (e.g., smoothness, fullness, stiffness,                   
           21           softness, flexibility, and crispness), using a set of four highly specialized                   
           22           measuring devices that were developed specifically for use with the                             
           23           Kawabata System.  ….                                                                            
           24                                       ….                                                                  
           25           The mechanical properties that have been associated with these aesthetic                        
           26           properties can be grouped into five basic categories for purposes of                            
           27           Kawabata analysis: bending properties, surface properties (friction and                         
           28           roughness), compression properties, shearing properties, and tensile                            
           29           properties. Each of these categories, in turn, is comprised of a group of                       
           30           related properties that can be separately measured.                                             
           31                                                                                                           
           32    Specification, pp. 17-18.                                                                              








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