Appeal No. 1998-2920
Application No. 08/128,740
would have suggested the claimed subject matter within the
meaning of 35 U.S.C. § 103. Merry, for example, is directed
to intumescent fire protective sheaths for electrical cables.
See column 1, lines 5-8. Although Merry describes both
polycarbodiimide and phenolic resins as char-forming resins,
they are used as active fire retardant materials for
intumescent fire protective sheaths. See column 1, lines 29-
32. In other words, they are not shown to be functionally
equivalent for the purpose of forming the high density, high
strength carbon-carbon composite described in Takabatake. The
examiner simply has not established that the polycarbodiimide
described in Merry is useful for forming the high density,
high strength carbon-carbon composite described in Takabatake.
See Answer in its entirety. That is, nowhere does the
examiner evince that the polycarbodiimide described in Merry
is useful for avoiding “formation of a large number of cracks
and detachment caused by insufficiency of adhesivity on the
interfacial surface of a reinforcement material and a matrix”
(Takabatake, col. 3, ll. 3-6). The examiner has not even
asserted that the polycarbodiimide described in Merry is a
thermosetting resin having similar properties as phenolic and
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