Appeal No. 1998-2203
Application 08/428,497
references for a disclosure of forming fibrids from
poly(amide-imide) resins (abstract of each reference).
The examiner argues that in view of the above
disclosures, “it would have been obvious to use polyamic acid
of Vaughan to make polyimide precursor fibrids in view of
French 2,179,004 and the Sander et al. patents” (answer, page
4). The examiner, however, does not explain why these
references would have fairly suggested, to one of ordinary
skill in the art, making poly(amic acid) paper from a
poly(amic acid) fibrid and converting the poly(amic acid)
paper to polyimide paper. The examiner, therefore, has not
carried the burden of establishing a prima facie case of
obviousness of the claimed invention over Vaughan in view of
FR ‘004 and Sander ‘640 or Sander ‘058. Consequently, we
reverse the rejection over these references.
Rejection over Morgan in view of Vaughan and FR ‘004
The examiner relies upon Morgan’s example 102, which
discloses 6-6 nylon fibers formed by precipitation, and
column 55 which discloses fibrids made from heat convertible
polymers which, Morgan states, are polymers that can be
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