Appeal No. 95-3845
Application 08/132,736
for example, supplies a chemical theory upon which a prima
facie case of obviousness of a compound may rest.” In re
Grose, 592 F.2d 1161, 1167-68, 201 USPQ 57, 63 (CCPA 1979).
The examiner has set forth no evidentiary support for his
theory that Tsutsui’s unsubstituted aryloxy groups are
structurally similar to aryloxy groups which are substituted
with at least one electron withdrawing group and, therefore,
would have been expected to function similarly, and we are
aware of none.
Accordingly, we conclude that the examiner has not
carried his burden of establishing a prima facie case of
obviousness of appellants’ claimed invention.
DECISION
The rejection of claims 1-5 under 35 U.S.C. § 103 over
Tsutsui is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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