Appeal No. 95-3835
Application 08/107,047
The examiner asserts that it was highly unpredictable whether a material is
electrosettable, but provides no supporting evidence. We note that the teaching in U.S.
5,194,181 which indicates that electrosettable compositions include any phase changing
composition which is substantially a dielectric material and is otherwise settable or curable
(col. 4, lines 4-14; col. 8, lines 59-64) appears to be contrary to the examiner’s assertion.
Also, the examiner sets forth no reasoning as to why the disclosure regarding
electrosettable materials in U.S. 5,194,181 and the examples relied upon by appellant
would not have enabled one of ordinary skill in the art to carry out appellant’s invention as
claimed. Accordingly, we conclude that the examiner has not carried his burden of
establishing a prima facie case of nonenablement of appellant’s claimed invention.
Rejection over Neet
Neet discloses a rigid polyurethane foam having carbon black mixed therein,
preferably by simply mixing carbon black with each of the two components used to prepare
the rigid foam (col. 2, lines 26-27 and 38-42). The carbon black preferably is
homogeneously mixed in the two components (col. 3, lines 12-21). In an example, before
the resistivities of samples of the carbon black-containing polyurethane foam are
measured, the ends of the samples are coated with an electrolytic paste and then copper
electrodes are applied to the ends (col. 4, lines 14-20).
Each of appellant’s independent claims requires that the particles be aligned.
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