Appeal No. 1997-2917
Application No. 08/351,697
We have carefully reviewed the claims, specification and
applied prior art, including all of the arguments advanced by
the examiner and appellants in support of their respective
positions. This review leads us to conclude that the applied
prior art as a whole would have rendered the claimed subject
matter obvious to one of ordinary skill in the art within the
meaning of 35 U.S.C. § 103. Accordingly, we affirm the
examiner’s decision rejecting claims 5, 6 and 8 through 10
under 35 U.S.C. § 103 as unpatentable over the combined
disclosures of Yi, Kobayashi and Nakanishi. However, since
our affirmance is based on a rationale materially different
from that advanced by the examiner, we denominate our
affirmance as involving a new ground of rejection under 37 CFR
§ 1.196(b).
As evidence of obviousness of the claimed subject matter
under 35 U.S.C. § 103, the examiner relies on the combined
unpatentable over the combined disclosures of Nakanishi, Yi
and Kobayashi as set forth in the final Office action to
reject claims 5, 6, 8 and 9 since these claims were either
directly or indirectly amended to recite an alcohol amine
which was the limitation included in claim 10. See Answer,
pages 2-3, in conjunction with the final Office action, page
6.
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