Appeal No. 2001-0727
Application No. 08/215,446
The examiner's answer states at page 5 that claims 29 and 30
are rejected under 35 U.S.C. § 102(b) as being anticipated by
Washburn. However, in response to appellant's rebuttal of this
rejection in the brief, the examiner states at page 10 of the
answer that "[t]o this the examiner wishes to remind the
appellants [sic: appellant] that said rejection is withdrawn."
Accordingly, we consider the § 102 rejections of claims 29 and 30
over Washburn as withdrawn.
This application is remanded to the examiner to consider a
rejection of claims 1-10, 16, 20, 29, 30 and 33-36 over
McAllister, either alone, or in combination with other prior art.
As explained above, McAllister discloses a method of inhibiting
oxidation of carbon-carbon composites comprising the steps of
treating the composite with a liquid composition comprising
phosphoric acid, a zinc salt, an aluminum salt and a boron-
containing material, and heating the treated composite to a
temperature sufficient to form a deposit within the pores, as
well as, as appreciated by the examiner, providing a barrier
coating on the composite.
In conclusion, based on the foregoing, the examiner's
rejection of claims 1-10, 15 and 17-19 under § 103 is reversed,
as is the examiner's rejection under 35 U.S.C. § 112, second
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