Appeal No. 1998-2920
Application No. 08/128,740
atmosphere or pressurized inert atmosphere. See column 5,
lines 26-34. Takabatake’s composite is said (column 3, lines
1-11) to
overcome the problem of loss of mechanical
strength of composite material due to formation
of a large number of cracks and detachment caused
by insufficiency of adhesivity on the interfacial
surface of a reinforcement material and a matrix
at the time of shaping and carbonization of
carbon[-]carbon composite materials . . . .
The examiner acknowledges that Takabatake does not teach
employing a polycarbodiimide. See Answer, page 5. To remedy
this deficiency, the examiner relies on the disclosure of
Merry. Id. According to the examiner (Id.), “Merry discloses
that polycarbodiimide or phenolic resins may be used as a
carbon source (col. 1, line 31).” Relying on this disclosure,
the examiner concludes (Answer, page 5) that:
It would have been obvious to one having ordinary
skill in the art at the time of the invention
to substitute polycarbodiimide for the resin
of Takabatake in view of the teaching in
Merry that these materials are functional
equivalents.
We are not convinced by the examiner’s assertion. On
this record, we determine that the examiner has not
demonstrated that the applied prior art references as a whole
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