Ex parte VINCI et al. - Page 4




          Appeal No. 95-4575                                                          
          Application No. 08/097,063                                                  


               The examiner’s comments at item (2) on page 5 of the answer            
          suggest that he may believe a primary amine would be “derived               
          from/generated by” Behan’s above-noted Schiff’s base.  However,             
          we find no evidence, and the examiner points to none, in support            
          of such a belief.  Similarly, even if a primary amine were                  
          “derived from/generated by” the Schiff’s base, we find no                   
          evidence that this would occur during McAskie’s step of forming             
          an admixture of a fatty acid and a basic alkaline earth metal               
          compound in an aqueous medium as required by the independent                
          claim on appeal.                                                            
               In light of the foregoing, we cannot sustain the examiner’s            
          Section 103 rejection of claims 1 through 7 and 9 through 12 as             
          being unpatentable over McAskie in view of Behan.                           
















                                          4                                           





Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007