Appeal No. 2004-0315
Application No. 09/865,687
All of the appealed claims on appeal stand rejected under 35
U.S.C. § 102(e) as being anticipated by Baumann.
This rejection cannot be sustained.
Each of the independent claims on appeal expressly requires
that a skin layer be on the inner and outer surface and comprise
an electrically conductive plastic molding composition which
comprises a first base polymer and an electrically conductive
additive. The examiner is correct that Baumann discloses
embodiments (e.g., see lines 56-67 in column 6 and lines 1-30 in
column 7) which include an antistatic inner layer that reads on
the here claimed skin layer on the inner surface. We agree with
the appellant, however, that patentee contains no teaching of
such a skin layer on the outer surface of his product embodiments
in accordance with the appealed independent claims. In Baumann’s
embodiments, the outer surface layer is disclosed simply as being
a polyamide molding composition without any indication that the
composition possesses an electrically conductive characteristic
or contains an electrically conductive additive.
In support of her opposing view, the examiner expresses the
following position on page 3 of the answer:
However, it is to be pointed out that the multi-
layer pipes in Baumann are connectors and are composed
of an antistatic inner layer and an outer layer made
from a polyamide molding composition (see col. 7, lines
3
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