Ex parte DONG et al. - Page 3

                 Appeal No. 95-0815                                                                                                                     
                 Application 07/963,967                                                                                                                 

                 any scientific reasoning why the ingredients in these compositions would be expected to mix in situ and                                
                 still function as taught in the reference.                                                                                             
                          Accordingly, the record before us supports the inference that the examiner has relied on                                      
                 information gleaned from appellants’ disclosure in formulating the grounds of rejection on appeal.  Dow                                
                 Chemical, supra; Warner, supra.                                                                                                        
                          The examiner’s decision is reversed.                                                                                          
                                                                      Reversed                                                                          











                                            JOHN D. SMITH                                         )                                                     
                                            Administrative Patent Judge                           )                                                     
                                                                                                  )                                                     
                                                                                                  )                                                     
                                                                                                  )                                                     
                                            CHUNG K. PAK                                          )  BOARD OF PATENT                                    
                                            Administrative Patent Judge                           )    APPEALS AND                                      
                                                                                                  )   INTERFERENCES                                     
                                                                                                  )                                                     
                                                                                                  )                                                     
                                            CHARLES F. WARREN                                     )                                                     
                                            Administrative Patent Judge                           )                                                     









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