Ex parte EYLON et al. - Page 9




          Appeal No. 1997-3260                                                        
          Application 08/506,153                                                      


          aerodynamic structures of hypersonic space planes, especially               
          the nose tip, leading surfaces of wings and air intake                      
          fairings” (col. 1, lines 13-17).  The examiner has not                      
          explained why, if a composite is shaped so that the surface to              
          be exposed to high temperature, oxidizing conditions is the                 
          surface having a higher fiber density, the surface having the               
          lower fiber density also would have a shape such that it could              
          be the surface exposed to the high temperature, oxidizing                   
          conditions.                                                                 
               For the above reasons, we conclude that the examiner has               
          not carried the burden of establishing a prima facie case of                
          obviousness of the invention recited in any of appellants’                  
          claims.                                                                     














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