Appeal No. 1996-1178
Application No. 08/160,324
The subject matter on appeal is directed to carbon blacks
having specific properties, which are useful for imparting
improved abrasion resistance and reduced hysteresis loss to
rubber compositions. See specification, page 1. According to
appellants, "[c]laims 1 and 2 stand, or fall, together for
consideration of the 35 U.S.C. § 102(b) or 35 U.S.C. § 103
issues." See Brief, page 4. Therefore, for purposes of this
appeal, we will limit our discussion to claim 1, the broadest
claim on appeal. See 37 CFR § 1.192(c)(5)(1993). Claim 1 is
reproduced below : 2
2 2
1. Carbon blacks having a CTAB of from 65m /g to 85 m /g, a
DBP
of from 139 cc/100g to 160 cc/100g, a CTAB/I No. ratio of
2
from 1.15 to 1.35, a ÎDBP of from 20 cc/100g to 40cc/100g, a
Tint
value of from 85 to 100, a Dmode of from 115 nm to 135 nm and
a ÎD /Dmode ratio of from 0.65 to 0.90.
50
As evidence of obviousness, the examiner relies on the
following prior art:
Nagata et al. (Nagata) 4,548,980 Oct. 22,
1995
2The Preliminary amendment dated December 22, 1993 has not
been clerical entered. Upon return of this application, the
examiner should have this amendment entered.
2
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