Ex parte COCHRAN - Page 5




          Appeal No. 1997-0110                                                        
          Application 08/236,258                                                      


          each other such that the fibrous component remains able to                  
          move within the matrix, the examiner argues that he has reason              
          to believe that the interface is inherent to the matrix/fiber               
          combination (answer, page 3).  Yagi, however, indicates that                
          because the fiber is silane-modified, the fiber shows good                  
          adhesiveness to the matrix polymer (col. 15, lines 61-63; col.              
          10, lines 48-52).  The examiner’s argument is not persuasive                
          because the examiner has not explained, taking into account                 
          this teaching, why Yagi’s                                                   




          fibers and matrix are essentially chemically unbonded to each               
          other such that the fibers are able to move within the matrix               
          as required by appellant’s claims.                                          
               The examiner argues that because appellant has not                     
          disclosed any operative steps which would modify the                        
          fiber/matrix interface, the burden shifts back to appellant to              
          show how his composite differs from that of Yagi (answer,                   
          page 3).  As discussed above, Yagi modifies his fibers to                   
          provide adhesion.  The examiner’s argument is not convincing                


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