Appeal No. 94-0995
Application No. 07/662,722
Japanese Abstract 53-130752A Nov. 15, 1978
(JP 53-130752A)
The issues presented for review are: (1) whether the
examiner erred in rejecting claims 1 through 14 under
35 U.S.C. § 103 as unpatentable over the combined disclosures
of Grape, Favre, and Blizzard; and (2) whether the examiner
erred in rejecting claims 1 through 14 under 35 U.S.C. § 103
as unpatentable over "JP 53-130752A."
On consideration of the record, we shall reverse these
rejections.
BACKGROUND
The prosecution history of this application represents
somewhat of a procedural quagmire and, therefore, we believe
that a discussion of background information is necessary
before reaching the dispositive issues on appeal.
In the Final Rejection (Paper No. 7), the examiner
rejected claims 1 through 14 under 35 U.S.C. § 103 as
unpatentable over Grape. In a nutshell, the examiner's
reasoning proceeded along these lines. First, the difference
between Grape's composition and the claimed composition is
component (B). In Grape, component (B) is an acyloxy or
-3-
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