Appeal No. 1996-2805
Application No. 08/103,055
1255, 195 USPQ 430, 433, (CCPA 1977), appealed “product-by-
process” claims 11 through 14 and 21 should be rejected over
Japanese Patent Publication No. 58-93176. In this regard, the
examiner should fully consider embodiment 1 of the Japanese
Patent Publication (page 6 of the translation of this
publication) which relates to the pyrolysis of a
polybenzoxazole imide material to produce a film used as a
negative electrode in a secondary cell. Specifically, the
examiner should note that the temperature of the pyrolysis
heat process for treating this polymer was raised at a certain
rate so that it reached a set temperature of 950EC in two
hours. In considering the relevance of the Japanese
publication and specifically the Example 1 embodiment of this
publication, the examiner should be aware that the
comparative testing set forth in the Fujimoto 37 CFR §
1.132 declaration only compares nylon and phenol resin
carbonized polymers which are carbonized at a temperature of
1000EC. See Table 2 of the Fujimoto declaration which reports
the Lc for these materials. Thus, Example 1 of the Japanese
Patent Publication No. 58-93176 is closer prior art than the
tested examples with respect to the claimed carbonization
6
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