Ex parte BARBER et al. - Page 10




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


          this record, the examiner has not presented any convincing                  
          evidence of the masterbatching technique for carbon fibers,                 
          much less carbon fibrils, i.e., the addition of higher than                 
          desired amounts of carbon to an elastomer followed by                       
          compounding with additional elastomer to produce the desired                
          concentration of carbon.                                                    
               For the foregoing reason, we cannot sustain the                        
          examiner’s rejection including Nabeta.  Accordingly, the                    
          rejection of claims 34-36, 39, 40 and 42 under section 103                  
          over Tennent in view of Geus, Tomoda and Nabeta is reversed.                



















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