Ex parte FERNANDEZ et al. - Page 2






                                            THE INVENTION                                                
            The invention is directed to a flexible yarn element having a plurality of pyrolized         
            carbon filaments wherein each filament is in contact with at least one other filament.       
            In addition, a sizing material at least partially covers the plurality of filaments.         
            Nonetheless, the sizing material of each filament is substantially separated from the        
            sizing material of at least one other filament in contact with it.                           
                                              THE CLAIM1                                                 
            Claim 8 is illustrative of appellants’ invention and is reproduced below.                    
                  8. A flexible yarn element comprising:                                                 
                  a plurality of pyrolized carbon filaments wherein each said filament is in             
            contact with at least one other said filament;                                               
                  a sizing material at least partially coating said plurality of filaments;              
                  wherein said sizing material of each said filament is substantially separated from     
            the sizing material of said at least one other said filament in contact therewith.           
                                     THE REFERENCES OF RECORD                                            
            As evidence of obviousness, the examiner relies upon the following references.               
            Weldy             3,914,504                Oct. 21, 1975                                     
            Edelman et al. (Edelman) 4,364,993               Dec. 21, 1982                               
            Miller et al. (Miller)         5,369,146               Nov. 29, 1994                         
                                                 (filed Sep. 28, 1993)                                   
                                            THE REJECTIONS                                               

                  1The examiner states in the advisory action mailed on December 12, 1995 (paper no. 12) that
            the amendment filed by appellant on November 24, 1995 (paper no. 11) will not be entered.  The
            appendix to appellant’s brief does not include the changes to the claims made in this amendment,
            and appellant and the examiner present their arguments as if this amendment were not entered.
            However, the amendment has been clerically entered.  In the event of further prosecution, the
            examiner should resolve the discrepancy between the advisory action and the entry of the     
            amendment.                                                                                   
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