Appeal 2007-2916
Application 10/225,502
C. Kawasaki
[15] According to Kawasaki,
[h]exagonal system boron nitride (hereinafter
referred to as "hBN") particles have a layer
structure similar to graphite, and hBN powder as
their aggregates, is excellent in such properties as
thermal conductivity, insulating property, chemical
stability, solid lubricant property and thermal heat
shock resistance and is used as a solid lubricant or
release agent, as a filler for a resin or rubber, or as
a material for preparation of a hBN sintered body. .
. . [Kawaski, col. 1, ll. 18-32.]
D. Nakajima
[16] Nakajima describes a sheet-shaped body made by mixing and molding
synthetic rubber with 35-70% of an inorganic filler comprising boron
nitride and alumina, wherein the volume ratio of boron
Comment [RT1]: Nakajima uses
nitride/alumina is 0.3-3 (Nakajima 3-4). tildes for dashes. Either use dashes
for both or tildes for both. I found the
tilde to be confusing.
[17] Nakajima does not disclose a boron nitride having a substantially
hexagonal structure.
Other findings of fact follow below.
III. Written Descriptive Support
Claims 1-3, 7 and 10 stand rejected under § 112, first paragraph, as
lacking original descriptive support (Answer 4).
Comment [RT2]: Opening
"The function of the description requirement [of the first paragraph of quotation marks?
35 U.S.C. 112] is to ensure that the inventor had possession, as of the filing
date of the application relied on, of the specific subject matter later claimed
Comment [RT3]: These are
by him." In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA different than the next quotation
marks.
1976). The written description requirement of § 112 is satisfied if "the
disclosure of the application as originally filed reasonably conveys to the
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