Appeal No. 94-4265
Application 08/035,915
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art from the teachings of EP 45198 for R to be hydrogen, a C -C alkyl group or a phenyl group as
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required by appellants’ claims on appeal. For the foregoing reasons, we will not sustain the rejection
of the claims over EP 45198 alone.
In summary, we find that the examiner has not established a prima facie case of obviousness
for the claimed subject matter over Oida III or EP 45198. Accordingly, the decision of the examiner
is reversed.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CAMERON WEIFFENBACH ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
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