Appeal 2007-3182 Application 10/683,058 12. A yarn comprised of a plurality of multi-lobal filaments, said multi-lobal filaments comprising a solid cross-section having a perimeter comprised of a plurality of symmetric lobes that are joined to one another by concave line segments, said cross-section having a modification ratio of about 2.4 to about 5; wherein upon traversing in one direction completely around the perimeter, the position of a center of curvature for the perimeter changes from one side of said perimeter to the other side at least eighteen times. The Examiner relies upon the following references as evidence of obviousness: Hackler WO 88/03969 Jun. 2, 1988 Tung 5,284,009 Feb. 8, 1994 Boyle 5,322,736 Jun. 21, 1994 Helms, Jr. 5,948,528 Sep. 7, 1999 Appellants' claimed invention is directed to a yarn comprised of a plurality of multi-lobal filaments which have a solid cross-section and a perimeter having a plurality of symmetric lobes that are joined by concave line segments. The cross-section has a modification ratio of about 2.4 to about 5. According to Appellants, "[t]he solid structures of the inventive filaments are desired for having lower bending moments and having less bulk, and would be softer than a comparable hollow fiber with the same 'footprint' shape" (Principal Br. 5, second para.). Appealed claims 12, 4, 6-8 and 14-22 stand rejected under 35 U.S.C. § 103 as being unpatentable over Helms in view of Boyle. Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable over the stated combination of references further in view of Hackler and/or Tung. Appellants do not set forth a separate argument for any particular claim on appeal. Accordingly, the groups of claims separately rejected by the Examiner stand or fall together. 2Page: Previous 1 2 3 4 5 Next
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