Appeal No. 2001-0772
Application No. 09/052,429
the record fails to establish that natural rubber is suitable for use as a semiconducting shield
composition.
For the reasons set forth above, the examiner has failed to satisfy his initial burden of
presenting a prima facie case of unpatentability. In re Alton, 76 F.3d 1168, 1175, 37 USPQ2d 1578,
1583 (Fed. Cir. 1996). Therefore, we are constrained to reverse the rejection of claim 1. Since
claims 2-5 are dependent on claim 1, the rejection of claims 2-5 is also reversed.
(2) Rejection of claims 6 and 7
In the process of claim 1, pelletizing the mixture of carbon black and molten elastomer after
the first and second passes is optional. However, claims 6 and 7 require the mixture to be pelletized
prior to the recycling step. The examiner relies on Alia for its teaching of pelletizing between
mixing/blending stages. Answer, p. 3. Alia fails to cure the deficiencies of Rubber Technology,
Unger and Kotani noted above. Therefore, we are constrained to reverse the rejection of claims 6
and 7 as well.
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