Appeal 2007-2916
Application 10/225,502
substantially equal, (b) a granular powdered boron nitride having a
substantially hexagonal structure, and (c) a boron nitride/alumina dispersion
such that the boron nitride enhances the lubricity of the outer flow surface of
the composition. Kawaski describes hexagonal system boron nitride (hBN)
particles as "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" (FF 15).
The Examiner found that McCullough does not disclose a boron
nitride having a substantially hexagonal structure (Answer 5). However, the
Examiner found that use of hBN was well known in the art and recognized
for its thermal conductivity, insulating property, chemical stability, solid
lubricant property and thermal shock resistance as taught by Kawasaki
(Answer 6). The Examiner concluded that it would have been obvious to
one of ordinary skill in the art to use Kawasaki's hBN as the boron nitride
filler in McCullough's composition in view of the known properties of hBN
taught by Kawasaki (Answer 6).
Appellants contend that the Examiner's conclusion of obviousness is
in error for three reasons. First, Appellants argue that both the boron nitride
and the alumina fillers of the claimed invention "clearly have a low aspect
ratio" (Br. 9). However, the claimed invention does not expressly require
boron nitride and alumina fillers having low aspect ratios. Moreover,
according to Appellants' specification, the alumina filler may have either a
high or a low aspect ratio (FF 7). Finally, Appellants have not pointed to
evidence of record, e.g., an expert declaration, which establishes that the
claimed invention inherently requires both the boron nitride and alumina
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