Appeal No. 1996-2930
Application 08/301,784
particle size the particle size of the starting material must
be small, and that it would have been obvious to one of
ordinary skill in the art to optimize the particle size
(answer, pages 5-6).
The particles produced in the JP ‘465 example are called
“hexagonal plates”. However, in two portions of JP ‘465
(pages 2 and 4), it is stated that the method produces
particles in the shape of hexagonal columns without hexagonal
plates being produced. Thus, there is inconsistency in the JP
‘465 disclosure. Furthermore, in appellants’ declaration
(filed March 20, 1995; paper no. 24), scanning electron
microscope photos of particles produced at 500EC and 1000
kg/cm , which are similar conditions to those used in the JP2
‘465 example, show that the particles are granular rather than
plate shaped as required by appellants’ claims.
Regardless, even if the JP ‘465 particles are considered
to be plate shaped, the examiner’s argument is not persuasive
for the following reason.
JP ‘465 states that the particles are to be used in
electrical insulating material (pages 1 and 5). Thus,
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