Appeal No. 95-0565
Application 07/867,089
to substantially eliminate residual hydrogen peroxide,
and
then (4) decomposing the remaining metal/hydrogen complex
with an acid.
We reverse the examiner’s holding that Claims 1-11 on
appeal are unpatentable under 35 U.S.C. § 103 in view of the
combined teachings of McDaniel ‘729, McDaniel ‘918, and Broze.
Our discussion follows.
Discussion
The Patent Office has the initial burden under 35 U.S.C.
§ 103 to establish a prima facie case of obviousness. In re
Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir.
1988). Here, as in Fine, the examiner points to nothing in
the cited references which would have suggested or taught the
process appellants claim, i.e., no prior teachings, considered
alone or in combination, which reasonably would have suggested
to a person having ordinary skill in the art to contact an
alkyl glycoside reaction product with an alkali metal, Ca, Zn
or ammonium borohydride after the alkyl glycoside reaction
product has been decolored with hydrogen peroxide.
We hold that the combined prior art teachings of McDaniel
‘729, McDaniel ‘918, and Broze do not establish that the
process appellants claim would have been prima facie obvious
- 3 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007