Appeal No. 1998-0215
Application No. 08/052,671
intumescing substances described in Pedlow materially affect
the basic and novel characteristics of the claimed invention.
In re De Lajarte, 337 F.2d 870, 874, 143 USPQ 256, 258 (CCPA
1964). However, appellant has not proffered any objective
evidence showing that the presence of these substances
materially affects the electrical insulation property of the
claimed electrical insulation materials. See Brief and Reply
Brief in their entirety. The fact that these substances can
improve the fireproofing and non-flow properties of the
claimed electrical insulation material does not support
appellant’s contention that they materially affect the claimed
electrical insulation material. See, e.g., Herz, 537 F.2d at
551-52, 190 USPQ at 463.
Appellant argues that “the Pedlow reference does not
suggest the use of a thermoplastic resin that is remeltable
and resolidifiable to form a bondable surface on the
fiberglass component of the fireproofing tape.” See, e.g.,
Brief, page 5. In support of this argument, appellant refers
to column 2, lines 55-60, of Pedlow, which relates the
property of the insulation tape composition under the high
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