Appeal No. 97-0113
Application No. 08/083,987
rejections are predicated on the impermissible use of hindsight.
The examiner has not established that a person having ordinary
skill in the art, armed only with the cited references and not
relying on information imparted by the specification, would have
arrived at the claimed subject matter as a whole. The examiner
has not established that a person having ordinary skill would
have arrived at the method defined in independent claim 16,
including the limitation that added water is maintained in the
liquid phase at a temperature of 201 to about 230EC and a
pressure of about 1 to about 100 psig, based only on teachings
found in the prior art.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
)
FRED E. McKELVEY ) BOARD OF PATENT
Senior Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CHUNG K. PAK )
Administrative Patent Judge )
Union Carbide Chemicals
& Plastics Co., Inc.
Law Dept. E205
39 Old Ridgebury Rd.
Danbury, CT 06817-0001
-3-
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