Ex parte MODAHL - Page 10




              Appeal No. 1997-2099                                                                                             
              Application No. 08/233,468                                                                                       

                provided motivation for the formation of an absorbent composition containing the                               
                weight ratio of zinc bromide to lithium bromide to be from about 1.6 to about 1.9, as                          
                required by claim 1.  In the absence of sufficient factual evidence or scientific rationale                    
                on the part of the Examiner to establish why and how a skilled artisan would have arrived                      
                at the subject matter of claim 1 from the applied references, we find that the Examiner                        
                has failed to meet the initial burden of establishing the prima facie obviousness of the                       

                claimed subject matter.  Accordingly, we are constrained to reverse the Examiner*s                             
                rejection of claims 1 to 10, 17 and 18.                                                                        






















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