Appeal No. 1998-0652
Application No. 08/188,417
and novel characteristics of the appealed claim 1 composition
and thus is excluded by the “consisting essentially of”
language of this claim.
In light of the foregoing, we are convinced that the
reference evidence adduced by the examiner fails to establish
a prima facie case of obviousness within the meaning of 35
U.S.C.
§ 103. As a consequence, the examiner’s section 103 rejection
of the appealed claims as being unpatentable over Budzinski
cannot be sustained.
The decision of the examiner is reversed.
REVERSED
Bradley R. Garris )
Administrative Patent Judge )
)
)
)
Catherine Timm ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007