Appeal No. 95-4199
Application No. 08/068,445
as a whole and comparing it to the prior art to determine
whether the prior art as a whole would have suggested to one
of ordinary skill in the art the claimed subject matter. The
examiner, however, has not supplied any factual evidence that
would have suggested the desirability of employing the claimed
reactants, much less forming the claimed terpolymers.
Accordingly, the examiner has not satisfied his burden of
presenting a prima facie case of obviousness within the
meaning of 35 U.S.C. § 103.
In view of the foregoing, the decision of the examiner
rejecting claims 1 through 12 is reversed.2
REVERSED
2We note that the subject matter of this appeal is
related to that of Appeal No. 95-4228, Application 08/062,485,
commonly assigned with a common inventor to this application.
In Appeal No. 95-4228, the examiner relies on published
International Application WO 80/00084 as the primary reference
in rejecting the claims in Application 08/062,485. Upon
return of this application, the examiner is advised to
consider WO 80/00084 to determine whether it affects the
patentability of the claims in this application. Published
International Application WO 80/00084 is attached to this
decision.
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