Ex parte PARTRIDGE - Page 8




          Appeal No. 1996-4171                                                        
          Application 07/762,298                                                      


          473, 5 USPQ2d 1529, 1531 (Fed. Cir. 1988).  Based on the                    
          above, it is apparent that the examiner has not met his burden              
          of establishing a prima facie case of obviousness for the                   
          subject matter defined by appealed claims 1, 4, 6, 7, 10, 11,               
          and 15 through 18.  Since the examiner has not applied the                  
          “secondary reference” to Purolite in a manner which remedies                
          the basic deficiencies of the stated rejection based on                     
          Eccles, it logically follows that no prima facie case of                    
          obviousness has been established for the subject matter                     
          defined by appealed claims 2, 3, 5, and 12 through 14.                      
               The decision of the examiner is reversed.                              


















                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007