Appeal No. 1999-1942 Application 08/770,037 Examiner states that tracking is a surface phenomenon and, so, the oxide would be added to the outer insulation layer (FR8; EA7-8). The Examiner contends that "it is implied by Penneck, that his treatment is only for the outer insulation layer, because it would not make sense to apply it to an inner insulation layer where tracking would never occur" (EA8) and "that when, as in Foster's device, there are two separate insulating sections, an inner and an outer, then only the layers . . . of the outer section would be treated by the additive of Penneck, because it would make no sense to treat the layers of the inner section" (EA8). Appellants argue that none of the references provides motivation for limiting the oxide filler to certain regions of Penneck's polymer insulating material, much less to one or more oxide-filled mica tape layers interleaved with one or more oxide-free mica tape layers (Br12). It is argued that Penneck requires the oxides to be used in combination with a hydrate of alumina and therefore cannot be said to suggest the use of oxides alone (Br 13-14). It is further argued that Penneck employs a polymeric (i.e., non-mica) insulating material and disperses the non-tracking additive (containing - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007