Ex Parte KUO - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 24                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                   Ex parte THAUMING KUO                                                              
                                                         ______________                                                               
                                                      Appeal No. 1999-0125                                                            
                                                      Application 08/427,534                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before PAK, WARREN and JEFFREY T. SMITH, Administrative Patent Judges.                                                 
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief, and based on our                       
               review, find that we cannot the rejection of appealed claims 24 through 29,1 all of the claims in                      
               the application, under 35 U.S.C. § 103(a) as being unpatentable over Vachon in view of Blount                          
               and Billmeyer.2  For essentially the reasons pointed out by appellant in the brief, the examiner                       
               has failed to make out a prima facie case with respect to both grounds of rejection.  We add the                       
               following for emphasis.                                                                                                
                                                                                                                                     
               1  See the amendment of January 27, 1998 (Paper No. 14) which limits the addition-                                     
               copolymerization to solution conditions, deleting bulk conditions.  The claims as so amended                           
               appear in Appendix B of the brief.                                                                                     
               2  Answer, pages 3-6.                                                                                                  

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