Appeal No. 2004-0315
Application No. 09/865,687
15-30) and the polyamide molding composition is
conductive due to the fact that it contains a
conductive additive such as conductivity black or
carbon fibers, (see col. 4, lines 10-17 and col. 7,
lines 30-35). Therefore, Baumann clearly teaches a
connector having a conductive layer on the inner and
outer surface of the connector.
The deficiency of the examiner’s position is that the cited
portions of Baumann’s disclosure in columns 4 and 7 are not
directly related by patentee’s teachings to the polyamide molding
composition on the outer surface of patentee’s product
embodiments. In fact, we find no disclosure anywhere in the
Baumann patent that the outer layer of patentee’s products
possesses an electrically conductive characteristic or includes
an electrically conductive additive.
In order for the examiner’s section 102 rejection to be
proper, the Baumann reference must clearly and unequivocally
disclose the appellant’s claimed subject matter or direct those
skilled in the art to this subject matter without any need for
picking, choosing, and combining various disclosures not directly
related to each other by the teachings of the reference. See In
re Arkley, 455 F.2d 586, 587, 172 USPQ 524, 526 (CCPA 1972).
While Baumann includes the disclosure of a polyamide composition
containing an electrically conductive additive, patentee’s
teachings relate this disclosure only to the antistatic inner
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