Appeal No. 2002-0181
Application No. 08/476,497
claims. Stated differently, the examiner has not established on
this record that the claim element “matrix formed from a powder
ceramic material having a particle size in the range of about 1
to 100 nanometers” would encompass, or read on, any of Singh’s
sintered ceramic phase.
For this reason, we cannot uphold the examiner’s rejection
on this ground.
Rejection under 35 U.S.C. § 102(b): Toibana
The examiner finds that Toibana teaches a ceramic composite
including 5 to 50% silicon carbide fibers having a diameter of
0.1 to 10 microns and a length of 10 to 500 microns in a matrix
having a density of 100%. (Answer, page 4, misnumbered as page
2.) In response to the appellant’s argument that Toibana does
not teach the use of a powder material having a particle size in
the range of about 1 to 100 nanometers (appeal brief, page 10),
the examiner states: “[T]he nano-sized particles of the starting
materials once sintered would not maintain their original
structure but become a matrix which is not distinguishable from
the matrix taught in Toibana et al.” (Answer, page 4,
misnumbered as page 2.)
However, the examiner has not identified any evidence or
scientific reasoning to establish that the matrix recited in the
appealed claims “is not distinguishable” from the matrix
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