Ex parte SAWADA et al. - Page 9




          Appeal No. 95-0565                                                          
          Application 07/867,089                                                      
          discloses, a process which appears to be designed to avoid                  
          contacting glycosides with contaminating reducing agents, to                
          contaminate the glycoside composition with borohydride without              
          any apparent functional improvement over the process McDaniel               
          ‘918 describes and exemplifies.                                             
               As said in In re Dow Chemical Co., 837 F.2d 469, 473,                  
          5 USPQ2d 1529, 1532 (Fed. Cir. 1988):                                       
               There must be a reason or suggestion in the art for                    
               selecting the procedure used, other than the knowledge                 
               learned from the applicant’s disclosure.                               
          Because we find no reason or suggestion in the prior art to                 
          select the procedure appellants claim, we reverse the                       
          examiner’s rejection.                                                       


















                                        - 9 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007