Appeal 2007-0174
Application 09/780,303
recognized by the Examiner, Pepper carbonizes the stabilized fiber in a non-
oxidizing atmosphere rather than in the claimed oxidizing atmosphere.
However, as properly pointed out by the Examiner, Uchida provides the
requisite evidence that one of ordinary skill in the art would have found it
obvious to employ an oxidizing environment in the carbonizing furnace of
Pepper as an alternative to a non-oxidizing atmosphere. In relevant part,
Uchida discloses the following:
Regarding the atmosphere of this case, calcination is
preferably performed in a vacuum or under a reduced pressure,
or a non-oxidizing atmosphere of nitrogen gas, argon gas,
helium gas, or the like under a reduced pressure, elevated
pressure, or normal pressure. The calcination can be performed
even in an oxidizing atmosphere, e.g., air, as far as it is
performed at a comparatively low temperature, e.g., 400° to
600° degrees C., within a short period of time.
Uchida at col. 6, ll. 5-12. Accordingly, based on the collective teachings of
Pepper and Uchida, we have no doubt that one of ordinary skill in the art
would have found it obvious to resort to the option of using an oxidizing
atmosphere in the carbonizing furnace of Pepper. Also, we agree with the
Examiner that the optional use of an oxidizing atmosphere taught by Uchida
would have offered the obvious advantages of avoiding the higher cost of
inert gases and higher operating temperature.
Appellants offer no rationale, based on factual evidence or scientific
reasoning, why one of ordinary skill in the art would have been dissuaded
from using an oxidizing atmosphere in the carbonizing furnace of Pepper.
Rather, the Appellants maintain that the Examiner has not identified either
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Last modified: November 3, 2007