Appeal No. 2002-1489
Application 09/173,456
the claimed alloys as encompassed by the appealed claims. Cf. In re Spada, 911 F.2d 705, 708-
09, 15 USPQ2d 1655, 1657-58 (Fed. Cir. 1990) (“The Board held that the compositions claimed
by Spada ‘appear to be identical’ to those described by Smith. While Spada criticizes the usage
of the word ‘appear’, we think that it was reasonable for the PTO to infer that the polymerization
by both Smith and Spada of identical monomers, employing the same or similar polymerization
techniques, would produce polymers having the identical composition.”).
Accordingly, since the examiner has failed to establish a prima facie case of obviousness
under § 103(a), we reverse the ground of rejection.
The examiner’s decision is reversed.
Reversed
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CATHERINE TIMM )
Administrative Patent Judge )
Killworth Gottman Hagan & Schaeff
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