Appeal No. 1998-1226
Application No. 08/420,330
decision. Tomoda is applied by the examiner to, inter alia,
show that composites may be made containing fluoroelastomers
and carbon fibers (id.). However, in view of the teaching in
Tennent that elastomers are a preferred matrix (see col. 7,
ll. 48-49), it is our opinion that the specific elastomers
recited in claims 56 and 57 on appeal would have been
suggested to one of ordinary skill in this art by this
teaching.
Appellants argue that Tennent “only generally mentions
that a potential use for the fibrils is in composites having a
matrix of an organic polymer” and that “Tennent does not teach
or suggest fibril-filled elastomer composites” (Brief, page
9). Appellants’ argument is not well taken since, as
discussed above, Tennent specifically teaches that a preferred
embodiment includes an elastomer matrix (col. 7, ll. 48-49).
Appellants argue that Tennent did not envision fibrils
having a fishbone-like arrangement of graphite layers (Brief,
paragraph bridging pages 10-11). As noted above, this
limitation is not recited in claim 53 on appeal which we have
selected as the basis for our decision. Appellants also argue
7
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