Appeal No. 96-2574
Application 08/264,264
otherwise unidentified polyesterimide does not establish that
it would have been obvious to use a polyoxyalkylenediamine in
the process described by the Japanese patent. Compare In re
Baird, 16 F.3d 380, 29 USPQ2d 1550 (Fed. Cir. 1994) and In re
Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992).
In large measure the examiner has bottomed his rejection
on In re Durden, 763 F.2d 1406, 226 USPQ 359 (Fed. Cir. 1985).
More to the point, in our view, is the rationale set out in
In re Ochiai, 71 F.3d 1565, 37 USPQ2d 1127 (Fed. Cir. 1995).
REVERSED
______________________________
MICHAEL SOFOCLEOUS )
Administrative Patent Judge )
)
)
______________________________)
BRADLEY R. GARRIS ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS
AND
)
INTERFERENCES
)
______________________________)
FRED E. McKELVEY, Senior )
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