Appeal No. 2004-0052
Application No. 09/180,432
composite of a thermosetting resin matrix and a multiplicity of
non-flammable carbonaceous fibers, with these fibers having a
length of 0.5 to 20 mm and a diameter of 2 to 25 microns, and a
bulk density of the batting ranging from 6.4 to 96 kg per cubic
meter (Answer, page 3). The examiner also finds that McCullough
teaches that these carbonaceous fibers are prepared by carbonizing
the fibers at a temperature of 600 to 700 °C. (id.). The examiner
recognizes that McCullough does not specifically teach the use of
anisotropic pitch-based carbon fibers nor the specific method of
preparing these fibers (Answer, page 4). Therefore the examiner
applies Otani for the teaching that anisotropic pitch-based carbon
fibers have superior strength and modulus, as well as the
disclosure of how to prepare these carbon fibers (id.). From these
findings, the examiner concludes that it would have been obvious to
one of ordinary skill in this art at the time of appellants’
invention to have used anisotropic pitch-based carbon fibers as
taught by Otani as the carbon fibers in the composite of McCullough
to form a fire resistant panel with increased strength and modulus
(id.). We agree.
Appellants note that all pending claims require fibers having
an average fiber diameter of less than 2 microns while McCullough
teaches a fiber diameter of 2 to 25 microns (Brief, page 10). Thus
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