Appeal No. 96-2407
Application 08/072,210
“similar” starting materials. No such per se rule
exists.
Mere citation of Durden . . . or any other case as a
basis
for rejecting process claims that differ from the prior
art by their use of different starting materials is
improper, as it sidesteps the fact-intensive inquiry
mandated by section 103.
We have considered all the factual evidence and arguments
presented in this case. We hold that the combined prior art
teachings cited against the claimed invention do not prima
facie establish its unpatentability under 35 U.S.C. § 103.
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