Ex Parte Hoyt et al

Board of Patent Appeals and Interferences

Apr 17, 2006

10059364 (B.P.A.I. Apr. 17, 2006)

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The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________

Ex parte MATTHEW B. HOYT, BOBBY J. BAILEY,
STANLEY A. MCINTOSH,
PHILLIP E. WILSON, and GARY W. SHORE
_____________

Appeal No. 2006-0941
Application No. 10/059,364
______________

ON BRIEF
_______________

Before PAK, OWENS, and FRANKLIN, Administrative Patent Judges

OWENS, Administrative Patent Judge.

REMAND TO THE EXAMINER

The appellants’ claim 20, which is the sole independent
claim, recites that the nylon core polymer has “an amine end
group (AEG) content of between about 10 meq/kg which is
susceptible to dyeing ...”. The other end point of the amine end
group content is not recited.
We therefore remand the application to the examiner for the
examiner to consider rejecting claim 20 as being indefinite under
35 U.S.C. § 112, second paragraph.
Appeal No. 2006-0941
Application No. 10/059,364

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Also, the appellants argue as though claim 20 requires that
the nylon sheath polymer has an amine group end content of less
than about 10 meq/kg (brief, page 5). The amine group content of
the nylon sheath polymer is not recited in claim 20. The
appellants should determine whether claim 20 should include the
nylon sheath polymer’s amine end group content.
This remand to the examiner pursuant to 37 CFR § 41.50(a)(1)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)) is made
for further consideration of a rejection. Accordingly, 37 CFR
§ 41.50(a)(2) applies if a supplemental examiner's answer is
written in response to this remand by the Board.
REMANDED

CHUNG K. PAK )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TERRY J. OWENS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
BEVERLY A. FRANKLIN )
Administrative Patent Judge )

TJO/vsh
Appeal No. 2006-0941
Application No. 10/059,364

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