Appeal No. 95-3835
Application 08/107,047
Appellant states in his specification (page 15, line 25 - page 16, line 1) that the particles
tend to form columns along the electric lines of flux. The examiner states that since no
particular alignment is recited in the claims, he considers Neet’s homogeneously-
distributed particles to be aligned (answer, page 10). Appellant argues, based on
dictionary definitions, that aligned particles must be disposed in a line (reply brief, pages
5-6).
We agree with appellant that appellant’s claims require that the particles be
disposed in lines. The examiner has provided no evidence that Neet’s mixing of carbon
black particles into the polyurethane foam components produces lines of particles in the
foam. Also, the examiner has not explained why or how one of ordinary skill in the art
would have modified Neet’s method such that the carbon black particles are aligned.
Consequently, the examiner has not established a prima facie case of anticipation or
obviousness of appellant’s claimed invention over Neet.
Rejection over ECT
Page 729 of ECT, which is relied upon by the examiner (answer, page 3), discloses
a liquid crystal device. The examiner argues that the liquid crystal molecules become
aligned and solid when electric current is passed through them, and that if the medium
surrounding the particles were a fluid, the aligned particles would not stay aligned and
separated as shown in Fig. 5 of ECT (answer, page 11).
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