Appeal 2007-2916
Application 10/225,502
relied upon by the Examiner. In their Brief, Appellants indicate that the
Examiner relied on "Col. 1, Line 66 to Col. 3, Line 32" in Kawasaki (Br.
10). However, the Examiner expressly relied on (a) col. 1, lines 15-29, (b)
col. 3, lines 46-48 and (c) col. 9, lines 27-49 of Kawasaki (Answer 5). In
other words, it appears that the Examiner was relying on the description of
conventional hBN particles and powders in Kawasaki which were described
as particles having a layer structure similar to graphite and powder useful as
solid lubricants, etc. (FF 15). A reference disclosure is not limited only to its
preferred embodiments, but is available for all that it discloses and suggests
to one of ordinary skill in the art. In re Lamberti, 545 F.2d 747, 750, 192
USPQ 278, 280 (CCPA 1976); In re Mills, 470 F.2d 649, 651, 176 USPQ
196, 198 (CCPA 1972). Here, Kawasaki clearly suggests that hBN particles
are lubricious and hBNf powders are useful as lubricants. Therefore, this
argument is unpersuasive of Examiner error.
Based on the foregoing, we will affirm the rejection of claims 1-3 and
10-12 under § 103(a) as obvious over McCullough in view of Kawasaki.
B. Rejection based on Nakajima and Kawasaki
Claims 1-3 and 10-12 stand rejected under § 103(a) as obvious over
Nakajima in view of Kawasaki.
Nakajimi discloses a moldable composition comprising a synthetic
rubber polymer matrix containing 35-75% of a filler comprising boron
nitride and alumina in a ratio of 0.3-3 (FF 16). Nakajimi does not disclose a
boron nitride having a substantially hexagonal structure (FF 17).
The Examiner concluded that it would have been obvious to one of
skill in the art to use Kawasaki's hBN as the boron nitride filler in Nakajimi's
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