Appeal No. 2001-1231
Application No. 08/976,371
Wolff was applied by the examiner in the rejection of claim
27 on appeal for the teaching of mixing carbon blacks with oil-
extended rubbers (Answer, page 4; see Wolff, col. 3, ll. 7-31).
Accordingly, Wolff does not remedy the deficiencies noted above
in Wideman.
For the foregoing reasons, we determine that the examiner
has failed to establish a prima facie case of unpatentability
over the reference evidence. Therefore the examiner’s rejections
including Wideman as a sole or primary reference are reversed.
D. Summary
The rejection of claim 14 under 35 U.S.C. § 112, first
paragraph, is affirmed. The rejections of claims 7-11 under 35
U.S.C. § 102(b)/§ 103(a) over Warner are affirmed.
The rejections of claims 7-17, 20-22, 25, 26 and 28-34 under
35 U.S.C. § 102(b)/§ 103(a) over Wideman are reversed. The
rejection of claim 27 under 35 U.S.C. § 103(a) over Wideman in
view of Wolff is reversed.
The decision of the examiner is affirmed-in-part.
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