Board of Patent Appeals and Interferences
Patent and Trademark Office (P.T.O.)
*1 EX PARTE DAVID S. CORDOVA, DAVID R. COFFIN, STANLEY D. LAZARUS AND STEVEN
A. YO UNG
Appeal No. 87-0298
March 18, 1988
Application for Patent filed July 18, 1984, Serial No. 631,978. Fiber for Reinforcing Plastic Composites and Reinforced Plastic Composites Therefrom.
William H. Thrower et al. for appellants
Primary Examiner--Paul J. Thibodeau
ON REQUEST FOR RECONSIDERATION
Appellants request reconsideration of our decision mailed December 4, 1987, in which we affirmed the examiner's rejection of the appealed claims under 35 U.S.C. 103. Appellants point to no error in our affirmance of the examiner's rejection of claims 1, 2 and 19. Appellants, however, seek reconsideration of our affirmance of the examiner's rejection of claims 3, 4, 7 through 18 and 20.
Upon consideration of the arguments advanced, we are persuaded that claims 3, 4, 7 through 18 and 20 exclude the aromatic carboxylic acid component of Login which contains a -SO@3M grouping.
We are not persuaded by the examiner's reasoning that one having ordinary skill in the art would have been motivated to eliminate the aromatic carboxylic acid component of Login which contains a -SO@3M grouping, since that component would appear essential for Login's purposes. In re Gordon, 733 F.2d 900, 221 USPQ 1125 (Fed.Cir.1984); In re Schulpen, 390 F.2d 1009, 157 USPQ 52 (CCPA 1968).
Accordingly, appellants' request is granted and our decision is hereby modified to the extent that the examiner's rejection of claims 3, 4, 7 through 18 and 20 is reversed. Our affirmance of the rejection of claims 1, 2 and 19 is unchanged.
BOARD OF PATENT APPEALS AND INTERFERENCES
Saul I. Serota
Arthur J. Steiner
William A. Skinner