Appeal 2007-1374
Application 10/701,714
discussion of the invention, but each of the exemplified fabrics is dyed using
acid dye (Examples 1 and 2, Comparative Example A).
Both Zhu and Montgomery indicate that it was known that inherently
flame retardant fibers such as Nomex aramid fibers can be difficult to dye
(Zhu ¶ 1; Montgomery, col. ll. 34-59). Montgomery notes that fabrics of
100% Nomex must be either producer-dyed or solvent-dyed to achieve
International Orange colors (Montgomery, Example 3).
Montgomery describes a flame retardant corespun yarn for fire
resistant safety apparel that includes an aramid fiber core covered with a
core wrapper and outer sheath that may be either natural or synthetic fibers
such as cotton, wool, polyester, modacrylic, or blends of these fibers
(Montgomery, col. 1, l. 63 to col. 2, l. 12). Example 3 describes a fabric
made with modacrylic fibers in the outer sheath that can be dyed using
“standard International Orange dye formulations developed for 100% acrylic
fabrics because the acrylic fibers are positioned on the outside of the yarn.”
C. Analysis
Appellants’ arguments are not convincing because they focus only on
selected portions of the references without considering the prior art as a
whole as it would have been viewed by one of ordinary skill in the art.
When properly considered, the evidence sufficiently supports the
Examiner’s finding of a reason to combine the teachings of the references.
Both Zhu and Montgomery are directed to fire resistant safety fabrics. The
use of acid dye in Zhu’s examples indicates that dying fabrics containing
intimate fiber blends including modacrylic fibers was known in the art and
considered desirable. Montgomery provides evidence that dying fire
resistant safety fabrics International Orange was also understood in the art as
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