Appeal No. 2001-1849
Application 09/138,376
Kemski or Nägeli have the optical, mechanical and gas barrier
properties which, the examiner argues (answer, page 7), would
have motivated one of ordinary skill in the art to substitute the
naphthalene-containing polyesters of Kemski or Nägeli for Kim’s
polyesters, and the examiner has not set forth the required
evidence that the applied references would have provided one of
ordinary skill in the art with a reasonable expectation of
success in making this substitution.
DECISION
The rejections of claims 1-33 under 35 U.S.C. § 103 over Kim
in view of Nägeli or Kemski are reversed.
REVERSED
)
TERRY J. OWENS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
PAUL LIEBERMAN )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JEFFREY T. SMITH )
Administrative Patent Judge )
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