Ex parte NISHIMURA et al. - Page 3




          Appeal No. 1997-3339                                                        
          Application 08/306,610                                                      


          Appellants also report in the specification at page 3, lines 5              
          through 10, that depending on the type of carbon fiber                      
          precursor utilized, mutually different microstructures or                   
          high-order structures may be produced.  Accordingly, it is                  
          clear that the language of the appealed claims “milled carbon               
          fibers produced from mesophase pitch” imposes significant                   
          structural limitations on the claimed invention.                            
          Additionally, as emphasized in  appellants’ brief, the claimed              
          fibers are further defined as consisting essentially of fibers              
          wherein each fiber has a cylindrical configuration, a length                
          of about 1 mm or less, and significantly, a cut surface                     
          wherein the plane of the cut and the axis of the fiber                      
          intersect or cross at an angle of 65E to 90E.  The claimed                  
          milled carbon fibers are said to solve a problem of carbide                 
          formation when the fibers are used in reinforced metals, i.e.,              
          carbon fiber reinforced metal (CFRM), since the configuration               
          and surface morphology of the claimed fibers have a limited                 
          and decreased reactive surface area.  In short, as explained                
          in appellants’ specification and brief, the greater the                     
          surface area of the carbon fiber, the greater the likelihood                


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