Ex parte DONG et al. - Page 5

             Appeal No. 95-2281                                                                                   
             Application 07/964,548                                                                               


             precipitates.  Polyethylene oxide is not among the dehydrating                                       
             agents disclosed by appellants (specification, page 10, line 6 -                                     
             page 11, line 2), and the examiner has not explained why Ayer’s                                      
             polyethylene oxide would cause precipitation of the                                                  
             hydroxypropylmethylcellulose.                                                                        
                    For the above reasons, we conclude that the examiner has not                                  
             carried her burden of establishing a prima facie case of                                             
             obviousness of appellants’ claimed invention.                                                        
                                                   DECISION                                                       
                    The rejection of claim 40 under 35 U.S.C. § 103 as being                                      
             unpatentable over Ayer is reversed.                                                                  
                                                   REVERSED                                                       


                                 CAMERON WEIFFENBACH                     )                                        
                                 Administrative Patent Judge             )                                        
                                                                        )                                        
                                                                        )                                        
                                                                        )                                        
                                 CHUNG K. PAK                            ) BOARD OF PATENT                        
                                 Administrative Patent Judge             ) APPEALS AND                            
                                                                        ) INTERFERENCES                          
                                                                        )                                        
                                                                        )                                        
                                 TERRY J. OWENS                          )                                        
                                 Administrative Patent Judge             )                                        





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