Appeal 2007-1374
Application 10/701,714
desirable. Moreover, the standard International Orange dye formulation of
Montgomery is a dye developed specifically for acrylic fabrics and used by
Montgomery on fabrics including modacrylic fibers. The reason to combine
is based on the use of a known composition, International Orange dye, for its
known use of dying fabric containing acrylic fibers for the predictable result
of obtaining an International Orange colored fabric.
In determining that there was an apparent reason to combine, the
Examiner correctly took into account the interrelated teachings of the prior
art references, the effects of the demands on those in the fire resistant safety
fabric art to produce fire resistant high visibility fabrics, and the background
knowledge of the ordinary artisan as evidenced by the references and the
known standards for such fabrics. See KSR Int’l. v. Teleflex Inc., 127 S.Ct.
1727, 1740-41, 82 USPQ2d 1385, 1396 (2007) (“Often, it will be necessary
for a court to look to interrelated teachings of multiple patents; the effects of
demands known to the design community or present in the marketplace; and
the background knowledge possessed by a person having ordinary skill in
the art, all in order to determine whether there was an apparent reason to
combine the known elements in the fashion claimed by the patent at issue.”).
D. Conclusion
Appellants have not shown that the Examiner’s finding of a reason to
combine the teachings of the reference is insufficient to support prima facie
obviousness.
III. DECISION
The Examiner’s decision to reject claims 1, 3-8, and 10-18 under
35 U.S.C. § 103(a) is AFFIRMED.
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