Ex parte MARKOVITZ et al. - Page 7




          Appeal No. 1999-1942                                                         
          Application 08/770,037                                                       

          an oxide) throughout the material and does not disclose adding               
          anti-tracking additive only to an outer insulating layer                     
          (Br13-15; RBr4-5).                                                           
               It is noted that, as disclosed with respect to the                      
          preferred embodiment of figure 8, the "mica tape 20 containing               
          the submicron oxide particles 19 forms the inner groundwall                  
          layers 15b adjacent or near the tiers of conductor strands 12,               
          while the unfilled tape 16 preferably forms the outer                        
          layers 15a of the groundwall insulation" (specification,                     
          p. 10, lines 7-11).  This embodiment, if claimed, would                      
          clearly overcome the Examiner's reasons which are completely                 
          dependent on the oxide-containing tape being on the outside                  
          layer to prevent tracking.  However, since at least the                      
          independent claims do not recite the order of layers, and                    
          since it is possible for the oxide layer to be on the outside                
          (Appendix B, Example #11), the order of the layers is not                    
          considered.                                                                  
               Penneck discloses an electrically insulating material                   
          which comprises one or more polymers and an "anti-tracking                   
          filler system" comprising (a) a hydrate of alumina having a                  
          specific surface area, and (b) a compound from a group                       

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