Appeal 2007-0315
Application 10/374,300
that Crandall erred, but contends – without evidentiary support – that
malonic acid is “routinely used in the cosmetic art” (Answer 15). We are
not persuaded. Obviousness requires that all elements of the claim be
identified in the prior art. To sustain the burden of establishing prima facie
obviousness, evidence to support the Examiner’s findings must be provided.
In this case, the Examiner did not provide any evidence to support the
finding that malonic acid is “routinely used in the cosmetic art” (Answer
15). Thus, we conclude that the Examiner did not establish prima facie
obviousness of the claimed invention. We reverse the rejection of claims 1-
9 as obvious over Cole in view of Crandall.
TIME PERIOD
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) (2006).
AFFIRMED
LP
UNILIVER INTELLECTUAL PROPERTY GROUP
700 SYLVAN AVENUE,
BLDG C2 SOUTH
ENGLEWOOD CLIFFS, NJ 07632-3100
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: September 9, 2013