Appeal No. 95-4713
Application 07/856,157
and Marks.
DELIBERATIONS
Our deliberations in this matter have included evaluation
and review of the following materials:
(1) The instant specification, including all of the claims
on appeal;
(2) Appellant’s main Brief and Reply Brief before the Board;
(3) The Examiner’s Answer and the communication mailed by
the examiner August 1, 1995; and
(4) The above-cited references relied on by the examiner.
On consideration of the record, including the above-listed
materials, we reverse the § 103 rejection based on the combined
disclosures of Vishnupad and Marks.
DISCUSSION
The examiner has the initial burden of establishing a prima
facie case of obviousness. In an effort to discharge that burden
here, the examiner finds that Vishnupad discloses every component
of appellant’s composition except for the antioxidant recited in
claim 1 (d). As stated in the Examiner’s Answer, page 3, last
paragraph, “[t]he claims differ [from Vishnupad] in the
3
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