Ex Parte Boyle et al - Page 2

               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.                                                        

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