Appeal No. 1997-3339 Application 08/306,610 Representative claim 5 is reproduced below: 5. Milled carbon fibers produced from mesophase pitch, said fibers consisting essentially of fibers wherein each fiber has a cylindrical configuration, a length of about 1 mm or less, and a cut surface, and wherein the plane of the cut and the axis of the fiber intersect or cross at an angle of 65E to 90E. The references of record relied upon by the examiner are: Hino et al. (Hino) 4,822,587 Apr. 18, 1989 Hirai et al. (Hirai) 5,227,238 Jul. 13, 1993 Arai et al. (Arai) 5,370,856 Dec. 6, 1994 (filed Nov. 16, 1992) The appealed claims stand rejected under 35 U.S.C. § 103 as unpatentable over Arai combined with Hirai and Hino. We cannot sustain the stated rejection. As evident from appealed claim 5, reproduced above, the subject matter on appeal is directed to milled carbon fibers produced from mesophase pitch. According to appellants’ specification at page 6, lines 15 through 18, the terminology “milled carbon fiber” means a carbon fiber which is shorter than the carbon fiber of about 1 to 25 mm generally known as “chopped strands.” Thus, appellants’ claimed “milled carbon fibers” have a length of “about 1 mm or less.” 2Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007