Ex parte COCHRAN - Page 4




          Appeal No. 1997-0110                                                        
          Application 08/236,258                                                      


          embedded in the matrix (col. 1, line 62 - col. 2, line 3).                  
          The matrix polymer can be a thermosetting polymer such as a                 
          polyurethane (col. 12, lines 7-14).                                         
               Appellant’s claims require that the composite is the same              
          or substantially the same as one in which the resilient                     
          polyurethane matrix is formed in situ.  Yagi teaches that in                
          the case where the matrix polymer is a thermosetting polymer,               
          “the reinforcing fiber layer is combined with a monomer or                  
          prepolymer of the thermosetting resin and curing is then                    
          carried out” (col. 14, lines 32-37).  This teaching indicates               
          that the polymer is formed in situ with the reinforcing fiber               
          layer.                                                                      
                         Rejection under 35 U.S.C. § 102(b)                           
               In order for a claimed invention to be anticipated under               
          35 U.S.C. § 102(b), all of the elements of the claim must be                
          found in one reference.  See Scripps Clinic & Research Found.               
          v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010                
          (Fed. Cir. 1991).                                                           
               Regarding appellant’s claim requirement that the matrix                
          and fibrous components are essentially chemically unbonded to               


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