Appeal No. 95-1798
Application 07/397,415
of DeBoer, and follows from a review of the DeBoer patent in its
entirety. The examiner is not at liberty to pick and choose
selective portions of the reference which lead toward the claimed
invention (dextran), but ignore or discard portions which lead
away from the claimed invention (water-insoluble and
substantially non-water-swellable). In our judgment, the
combined disclosures of DeBoer and Bertoni would not have led
toward the claimed water-soluble product. Accordingly, the
examiner’s decision rejecting claims 2 through 4, 12 and 14
through 18 under 35 U.S.C. § 103 is reversed.
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