Appeal No. 95-4824
Application 07/966,163
WARREN, Administrative Patent Judge, Concurring:
I agree with the panel’s decision to reverse the decision of
the examiner since I find that neither ground of rejection
focuses on appellants’ claimed invention, that is, “[a] water
soluble complex of bismuth with a polyacrylate,” even though
Lloyd-Jones specifically discloses that “[b]y polyacrylate we
mean polyacrylic acid and its pharmaceutically acceptable salts”
(page 5; emphasis supplied). Compare In re Jones, 958 F.2d 347,
349-51, 21 USPQ2d 1941, 1942-44 (Fed. Cir. 1992).
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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