Ex parte BARBER et al. - Page 2




                 Appeal No. 1998-1226                                                                                                                   
                 Application No. 08/420,330                                                                                                             


                          According to appellants, the invention is directed to a                                                                       
                 composite comprising an elastomeric matrix containing carbon                                                                           
                 fibrils, a method for the preparation of an elastomer                                                                                  
                 composite, and a method for masterbatching (Brief, pages 3-4).                                                                         
                 A copy of illustrative independent claim 53 is reproduced                                                                              
                 below:                                                                                                                                 
                          53. A composite comprising an elastomer matrix into                                                                           
                 which greater than 0 and less than 25 parts carbon fibrils per                                                                         
                 100 parts elastomer are incorporated to enhance the mechanical                                                                         
                 properties of said elastomer, wherein said fibrils have a                                                                              
                 diameter less than about 100 nanometers and a length less than                                                                         
                 about 10,000 nanometers, and wherein the amount of fibrils in                                                                          
                 said composite permits curing of said composite by resistive                                                                           
                 or inductive heating.                                                                                                                  
                          The examiner has relied upon the following references in                                                                      
                 support of the rejections on appeal:                                                                                                   
                 Tomoda et al. (Tomoda)        4,491,536                                                   Jan. 1, 1985                                 
                 Tennent                       4,663,2301                                                                                     May  5,                             
                 1987                                                                                                                                   
                 Nabeta et al. (Nabeta)        4,704,413                                                            Nov. 3,                             
                 1987                                                                                                                                   
                 Geus et al. (Geus)            4,855,091                                                   Aug. 8, 1989                                 
                 Friend                        5,098,771                                                   Mar. 24, 1992                                
                 (filed Jul. 27, 1989)                                                                                                                  




                          1We note that appellants have not contested the                                                                               
                 availability of Tennent as prior art under 35 U.S.C. § 103.                                                                            
                 Therefore we need not reach this issue in our decision.                                                                                
                                                                           2                                                                            





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