Ex Parte Hernandez - Page 2

               Appeal 2007-1381                                                                          
               Application 10/686,069                                                                    
                                          I.  BACKGROUND                                                 
                     The invention relates to a glass forming tube.  Claim 5 is illustrative             
               of the subject matter on appeal:                                                          
                     5.  A glass forming tube about which newly formed and coated glass                  
               fiber is wound to form a cake of glass fiber, the forming tube comprising:                
                     a plurality of paperboard plies spirally wound one upon another about               
               an axis of the forming tube and adhered together to form a tubular body                   
               wall, the paperboard plies being free of silicone coating, wherein at least an            
               outermost one of the plies comprises paperboard treated with a sizing                     
               compound so as to render the paperboard substantially impervious to liquid                
               coating composition applied to the glass fiber but pervious to vapors                     
               generated during curing and drying of a cake of glass fiber.                              
                     The Examiner relies on the following prior art references to show                   
               unpatentability:                                                                          
               McClellan    US 4,026,690  May 31, 1977                                                   
               Von Hoessle   US 5,710,853  Jan. 20, 1998                                                 
               Pauley    US 6,165,321  Dec. 26, 2000                                                     

                     Specifically, the Examiner rejects claim 5 under 35 U.S.C. § 103(a) as              
               unpatentable over McClellan in view of Von Hoessle and Pauley.                            

                                           II.  DISCUSSION                                               
                     A.  Issue                                                                           
                     The issue before us is:  Has the Examiner properly established a prima              
               facie case of obviousness within the meaning of 35 U.S.C § 103(a)?                        






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