Ex Parte MACHINO et al - Page 2



          Appeal No. 2004-0052                                                        
          Application No. 09/180,432                                                  

          anisotropic pitch-based carbon fibers having a specified average            
          fiber length and diameter, being bonded by a thermosetting resin so         
          as to form a carbon fiber aggregate which is non-galvanic corrosive         
          with a specified bulk density, as well as methods for the                   
          preparation of this insulation material (Brief, pages 2-5).                 
               Appellants state that the claims stand or fall together in             
          three groups (Brief, page 6).  Appellants’ third group (claims 11,          
          12 and 43) is moot since the examiner has indicated that these              
          claims are allowed (Answer, page 2).  Appellants have presented             
          reasonably specific, substantive arguments for the separate                 
          patentability of claims 1 and 10 (e.g., Brief, page 14).  Therefore         
          we select claims 1 and 10 from appellants’ two groups and decide            
          the ground of rejection based on consideration of these two claims          
          alone.  See 37 CFR § 1.192(c)(7)(2000).  Illustrative independent           
          claim 1 is reproduced below:                                                
               1.  A thermal acoustic insulation material comprising:                 
               a multiplicity of anisotropic pitch-based carbon fibers having         
          an average fiber diameter of not less than 0.5 :m but less than             
          2 :m and an average fiber length of 1 mm to 15 mm, said carbon              
          fibers being non-galvanic corrosive and being bonded by a                   
          thermosetting resin at contact points of said carbon fibers so              
          as to form a carbon fiber aggregate having a bulk density of                
          from 3 kg/m3 to 10 kg/m3;                                                    
               wherein said thermal-acoustic insulation material is non-              
          galvanic corrosive.                                                         

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