Appeal No. 1999-1942
Application 08/770,037
and the remaining layers could arbitrarily be designated as a
second insulating layer, where both layers can be made of an
oxide-free resin-impregnated mica paper with a woven fabric on
one or both sides, so we agree that two layers of an
oxide-free resin-impregnated mica paper with a woven fabric on
one or both sides would have been obvious.
The issues are: (1) whether Penneck provides sufficient
evidence to show a prima facie case of obviousness to disperse
oxide particles in the woven fabric of Foster as modified in
just one of the layers; and, if so (2) whether the test
examples evidence unexpected results for two layers, only one
of which contains oxide particles, and rebut the prima facie
case.
(1)
The Examiner finds that Penneck teaches the use of
oxides, such as titanium dioxide, as an anti-tracking additive
for impregnated insulation (EA3-4). The Examiner concludes
that it would have been obvious to disperse titanium dioxide
particles in the outer layer 12 of Foster, as modified by the
APA to have a fabric layer, for improved anti-tracking
properties on the surface of the insulation (EA4). The
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