Appeal No. 2006-0816
Application 09/997,081
Boccaccini process does not meet that requirement (reply brief, pages 2-3). We have addressed
these issues in determining that the claim language “a carbon fiber construction” does not
exclude the fibers taught by Boccaccini.
Accordingly, on this record, we affirm the ground of rejection of claims 1 through 5 and
9 over this combination of references on this basis.
Turning now to dependent claims 6 through 8, we interpret these claims to require that
the metal oxide used in the process of claim 1 is ZrO2, that is, zirconia, in claim 6 and that the
carbon fiber construction is woven in claim 7 and non-woven in claim 8. Appellants point out
that the process of Boccaccini relied on by the examiner does not employ zirconia and employs
“continuous tows.” With respect to claim 6, the examiner points to the “overview of the
published work dealing with the application of electrophoretic deposition for the fabrication of
the fiber reinforced composites” in Boccaccini Table 1, stating that the penultimate article, that
is, “[29],” summarized at the bottom of page 999 discloses “a system of carbon fiber and fiber
cloth with a matrix alumina, zirconia and lead zirconate titanate” (answer, page 9). With respect
to claim 8, the examiner finds that the references so summarized would have suggested that “the
substitution of one type of carbon fiber for another would have been within the skilled of
ordinary skill in the art as they are both fibers and conductive,” pointing to the disclosure of
“carbon fibers and felts” (answer, pages 9-10; see also page 6). The examiner further contends
with respect to claim 7, that Boccaccini would have disclosed “that electrophoretic deposition is
a novel, simple and inexpensive method for achieving complete infiltration of tightly woven
fiber performs (abstract and paragraph crossing pages 997 and 998)” (answer, page 9).
Appellants submit that the overview of the articles provided in Boccaccini Table 1 “is not in
itself enabling” and that there is no teaching of a non-woven construction in the articles
summarized by Boccaccini (reply brief, page 3).
We find that Boccaccini would have disclosed to one of ordinary skill in this art that
“Table 1 presents an overview of the published work dealing with the application of the EPD
technique for the fabrication of fibre reinforced ceramic and glass matrix composites” wherein
“[t]he feasibility of infiltrating ceramic woven fibre performs by EPD has been demonstrated for
P. Parker, ed., New York, McGraw-Hill, Inc. 1994).
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