Appeal No. 96-3446
Application 08/327,147
advantageous attributes of the claimed compound" (470 F.2 at 1383-84, 176 USPQ at 308).
Accordingly, we conclude that the evidence of secondary considerations submitted by appellant
is sufficient to overcome the prima facie case of obviousness as to the claimed subject matter.
Rejection (5) will therefore not be sustained.
Conclusion
The examiner's decision to reject claims 1 to 8 is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
) BOARD OF PATENT
) APPEALS AND
HARRISON E. McCANDLISH ) INTERFERENCES
Senior Administrative Patent Judge )
)
)
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