Ex parte NISHIMURA et al. - Page 2




          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.”                       


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