Appeal No. 95-3869
Application 08/037,301
composition. However, the prior art solution or suspension
coating process does not include a heat treatment of the coated
particles. Accordingly, comparative Example 1 does not contain a
heat treatment of the coated particle, contrary to the examiner's
contention. The heating in comparative Example 1 is not a heat
treating of the coated particle, but is a heating of the
dispersion of the polymer in hexane prior to the coating of the
carbon black particles.
Thirdly, the examiner urges that the claims are not limited
to specific heat treatment temperatures or amounts of carbon
black, and are therefore not commensurate in scope with the
results relied on. Again, we disagree with the examiner's
position. Examples 1-6 include a broad range of ratios of carbon
black to polymer and a variation of heat treatments. Moreover,
the unexpected improvement in agglomeration and pore volume is
obtained in all six examples. Accordingly, it is apparent that
the examiner has presented no basis for concluding that the
results are limited to a particular temperature or amount of
carbon black.
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