Appeal No. 2001-1231
Application No. 08/976,371
Brief, pages 7-8). However, the declarant and appellants never
state a source for these oxygen level values. Furthermore, as
discussed in the Answer, oxygen level values are not recited or
required in claim 7 on appeal.
The Swor Declaration also states that the carbon black of
Warner differs significantly from the invention product in being
very porous in nature, as judged by the difference between the
NSA and STSA levels (Declaration, page 4; Brief, page 8). Again
we note that there is no data or reference to any data in Warner
supporting this statement, nor is this property recited in the
claims on appeal.
We note that the last comparison in the Declaration with
Raven 5250 (pages 5-6) is also not a comparison with the closest
prior art, nor has the declarant given any reasons why this
comparison is relevant to the rejection on appeal.
Finally, the comparisons set forth in the Declaration are
limited to one specific carbon black of the invention, with a
specified particle size of 17.4 nm, nitrogen surface area of 125
m2/g, and a DBPA value of 107 cc/100g (Declaration, page 6),
10
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