Appeal 2007-2023
Application 10/757,453
Independent Claim 1 is illustrative of the invention and is reproduced
below:
1. An automotive fuel hose, which comprises: a tubular inner layer
which is adapted for the flow of fuel, the inner layer comprising a
fluororesin having a functional group; a low fuel permeability layer provided
about an outer peripheral surface of the inner layer comprising a polyester
resin having a naphthalene ring; and an adhesive layer for bonding the inner
layer and the low fuel permeability layer comprising a blend of polyamide
resin and polyester resin.
The Examiner relies on the following prior art references to show
unpatentability:
Nishino US 6,089,278 Jul. 18, 2000
Nishi US 2002/0104575 A1 Aug. 8, 2002
The Examiner made the following rejection:
Claims 1-8 under 35 U.S.C. § 103 as obvious over Nishino in view of
Nishi.
ISSUE
The Examiner contends that it would have been obvious to modify
Nishino’s multi-layer fuel hose based on Nishi’s disclosure of improved
adhesion in a two-layer fuel hose, thereby achieving the claimed invention.
Appellants contend that Nishi and Nishino teach mutually exclusive
solutions to the problem of interlaminer adhesion in fuel hoses and,
therefore, the Examiner’s motivation to combine the references can only be
based on improper hindsight reasoning. The issue for us to decide is: Has
the Examiner properly established motivation to combine the references
within the meaning of 35 U.S.C. § 103?
2
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