Appeal No. 1996-1974
Application No. 07/930,738
The following rejections are before us for consideration:2
(1) Claims 1-5, 8-11 and 15 stand rejected under 35
U.S.C.
§ 103 as being obvious from Naarmann.
(2) Claims 12-14 stand rejected under 35 U.S.C. § 103 as
being obvious from Naarmann taken in view of Cameron.
We shall sustain the examiner’s rejections as they relate
to claims 1-5, 8-12 and 15, but reverse as to claims 13-14,
for the following reasons:
Based on the record before us, we conclude that, with the
exception of claims 13-14, the examiner has established a
prima facie case of obviousness.
Specifically, we agree with the examiner that the
reference in Naarmann to “carbon fibers or filaments or sheet-
like structures” at least generically embraces appellant’s
carbon black particles and, thus, renders the use of such
particles prima facie obvious within the context of 35 U.S.C.
2By Advisory Action (Paper No. 12), the examiner has
withdrawn a previously applied rejection under 35 U.S.C. § 112
which, therefore, is not before us for consideration on
appeal.
4
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