Appeal No. 1996-3292
Application 07/991,467
Appellants further argue that (reply brief, page 7):
Daume fails to disclose that its insulating layer comprises 20-40% filler selected from
the group consisting of dicyandiamide, ammonium nitrate, and silica, which is the
claimed and preferred concentration range for decreasing smoke output.
As noted above, Daume does disclose silica (quartz) as a filler, although it is indicated to be not as
suitable as the cooling agents. As for the amount or percentage of quartz which should be used, Daume
provides no specific figures. It is however, suggested at col. 2, lines 65 to 68, that there should be "the
largest possible proportion of a fine grain filler possessing high packability," and the proportion of
aluminum hydroxide filler is disclosed as 60 to 62 percent by weight (col. 3, lines 66 to 68). By
contrast, appellants' claims 1 and 20 recite filler ranges of about 20% to about 40% (claim 1) and about
5% to about 50% (claim 20).
The examiner takes the position that the recited filler percentages would have been obvious in
view of the disclosure of Marion, particularly col. 4, lines 1 to 3, and Example 4. However, we do not
consider that Marion would have suggested providing the Daume composition with a percentage of
quartz filler within appellants' claimed range, because Marion's disclosure concerns organic coolants
(fillers), such as ammonium oxalate, oxamide or urea, not inorganic fillers. 5
5As appellants note (reply brief, page 7), the ammonium nitrate mentioned by Marion at col. 5,
line 19, is disclosed as an oxidizer, used in addition to the coolant.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007