BPAI 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

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

 

 

Before Serota

 

 

Chairman

 

 

Steiner and Skinner

 

 

Examiners-in-Chief

 

 

Steiner

 

 

Examiner-in-Chief

 

 

ON BRIEF

 

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.

 

 

GRANTED

 

 

BOARD OF PATENT APPEALS AND INTERFERENCES

 

 

Saul I. Serota

 

 

Chairman

 

 

Arthur J. Steiner

 

 

Examiner-in-Chief

 

 

William A. Skinner

 

 

Examiner-in-Chief

 

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