Ex Parte Paul et al - Page 6



                Appeal 2007-0124                                                                                 
                Application 10/273,836                                                                           

                15 USPQ2d 1655, 1657-58 (Fed. Cir. 1990).  We determine that the                                 
                Examiner has established a reasonable basis or belief that the formulations,                     
                and their attendant properties, are the same or substantially the same, and                      
                Appellants have not met their burden of proof that the claimed formulation                       
                differs substantially from the formulation of Ryan.  See Spada, supra; and In                    
                re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).                                     
                       For the foregoing reasons and those stated in the Answer, we                              
                determine that the Examiner has established a prima facie case of                                
                anticipation/obviousness which has not been adequately rebutted by                               
                Appellants’ arguments and evidence.  Therefore we affirm the rejection of                        
                the claims on appeal under § 102(b)/§ 103(a) over Ryan.                                          
                       The decision of the Examiner is affirmed.                                                 
                       No time period for taking any subsequent action in connection with                        
                this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2004).                            
                                                 AFFIRMED                                                        





                clj                                                                                              
                Cynthia L. Foulke                                                                                
                NATIONAL STARCH AND CHEMICAL COMPANY                                                             
                10 Finderne Ave.                                                                                 
                Bridgewater, NJ  08807-0500                                                                      

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