Appeal No. 2001-2559
Application No. 09/276,722
barium6 as a high density inorganic filler, the mixture can be
successfully drawn at high speed to achieve high strength with
fewer air spots.
Our main difficulty with the rejection as it was explained
in the supplemental final rejection is the lack of any teaching
in the applied references that barium sulfate, the preferred
filler material of JP ‘613, has the strong antifouling properties
required by JP ‘046. While we certainly agree with the
examiner that JP ‘046 teaches that barium sulfate is a high
density filler material useful for adjusting the specific gravity
of a synthetic resin, JP ‘046 requires that the high density
filler material have the ability to prevent the adhering of
shellfish and algae to the surface of articles made from the
composition. The examiner has not pointed out, and it is not
clear to us, where the applied prior art teaches that barium
6The Derwent abstract of JP ‘613 provided by the examiner
characterizes the filler material as “barium sulphate with an
ave. particle size,” while the translation of JP ‘163
characterizes this same filler material as “sulfuric acid barium
having a specific particle diameter” (e.g., page 6, line 10). It
would appear that in each instance the material in question is
the same as the barium sulfate filler material called for in the
claims.
6
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