Appeal 2007-1374
Application 10/701,714
I. BACKGROUND
The invention relates to a fabric for use in safety apparel that is flame
resistant and highly visible. Claim 1 is illustrative of the subject matter on
appeal:
1. A fabric for use in safety apparel, comprising:
(a) yarns spun from an intimate blend of staple fibers, at least 60
percent of the staple fibers being modacrylic fibers and up to 40
percent other fibers;
(b) at least one dye type applied to said fabric that is selected to apply
a high-visibility dye to both the modacrylic and other fibers in the
blend; and
(c) wherein, the fabric meets both the American National Standards
Institute standard ANSI/ISEA-107 minimum conspicuity
requirements for occupational activities for high-visibility safety
apparel and the American Society for Testing and Materials standard
ASTM-F-1506 for flame resistance.
The Examiner relies on the following prior art references to show
unpatentability:
Montgomery US 5,033,262 Jul. 23, 1991
Lundsford (Lundsford ‘835) US 6,547,835 B1 Apr. 15, 2003
Lundsford (Lundsford ‘964) US 6,626,964 B1 Sep. 30, 2003
Zhu US 2005/0025963 A1 Feb. 3, 2005
The rejections as presented by the Examiner are as follows:
1. Claims 1, 3, 4, 6, 8, 10, 11, 13, and 15-18 are rejected under 35 U.S.C.
§ 103(a) as unpatentable over Zhu in view of Montgomery;
2. Claims 5 and 12 are rejected under 35 U.S.C. § 103(a) as unpatentable
over Zhu and Montgomery and further evidenced by Lunsford ‘964;
and
2
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