Appeal No. 95-2269
Application No. 08/047,159
copolymerized with 1 to 15% by weight of at least one monomer
selected from the group consisting of N-dodecylmaleamic acid and
N-C /C -alkylmaleamic acid. For this reason too, we do not
8 18
sustain the rejection under 35 U.S.C. § 103.
Where, as here, the examiner has not adduced sufficient
evidence to establish a prima facie case of obviousness of the
appealed claim, we find it unnecessary to discuss the Konrad
declaration, executed November 22, 1993. That declaration was
filed under the provisions of 37 CFR § 1.132 in an effort to
rebut any such prima facie case.
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 C. WEIMAR )
Administrative Patent Judge )
BASF Corp.
Patent Dept.
3000 Continental Dr., North
Mount Olive, NJ 07828-1234
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