Ex parte HALLORAN et al. - Page 9




          Appeal No. 94-1495                                                          
          Application 07/972,342                                                      


          factual basis to support her position that the claimed                      
          trisiloxane polyether is known and is an equivalent species                 
          of Ansher-Jackson's siloxane polyether as she has proffered, the            
          rejection cannot be sustained.                                              
               Since we do not find that the examiner has established a               
          prima facie case of obviousness, it is not necessary for us to              
          consider evidence of unobviousness or to antedate a reference.              
               The decision of the examiner is reversed.                              
                                      REVERSED                                        







                         MARY F. DOWNEY           )                                   
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         ANDREW H. METZ                )                              
                         Administrative Patent Judge   )                              





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