Appeal No. 95-3765
Application No. 08/084,388
under 35 U.S.C. § 103 as unpatentable over Rieber is reversed.
The examiner states that Dunski teaches the preparation
of metal soap pellets by blending metal soap powder with a
binder material such as fatty acids (answer, page 4, citing
column 3, lines 18 and 28-30). The examiner notes that Dunski
“clearly identifies fatty acids (monocarboxylic) acids [sic]
as an effective binder with the pre-formed metal soaps.”
(Id.). However, the examiner fails to explain how the subject
matter of appealed claim 1, including a binder with a
plurality of components, would have been obvious in view of
the disclosure in Dunski of a one component binder for a metal
soap. The examiner argues that “the references teach several
alternative choices of the binder, so it would have been
obvious to use a plurality of the components as the binder
composition.” (answer, page 5). Even assuming the correctness
of the examiner’s statement, this rejection is over Dunski
alone and only one binder component is taught in Dunski.
For the foregoing reasons, the rejection of claims 1
through 28 under 35 U.S.C. § 103 as unpatentable over Dunski
is reversed.
B. The Rejection over Dunski and Hirsch
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