Appeal No. 95-1909
Application No. 07/563,887
copolymers after they are formed, it does not reasonably
appear that the claimed and prior art products are identical
or substantially identical. It does not reasonably appear
that Baur prepares copolymers having at least 10 ethylene
oxide groups added, as a chain, to one carboxyl site. In our
judgment, therefore, Baur does not constitute sufficient
evidence supporting a conclusion of prima facie anticipation
or obviousness. The examiner's position to the contrary,
notwithstanding, Baur is insufficient to shift the burden of
persuasion to applicants, requiring them to prove by
laboratory testing that the claimed copolymers patentably
distinguish over the prior art copolymers.
The examiner's decision is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ELIZABETH WEIMAR )
Administrative Patent Judge )
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