Appeal No. 95-2153
Application No. 08/171,007
6, lines 6 and 7, in describing the traditional production of
melamine-formaldehyde resins.
Second, with respect to the Murchison patent, we find
that Murchison does not disclose or suggest using hydrogen
peroxide. Nor does Murchison disclose or suggest melamine-
aldehyde resins. All in all, we believe that Murchison bears
little relationship to the instant claims or to the Ross
patent. We therefore find that the combination of Ross,
Hendrix, and Murchison is improper and would not have led a
person having ordinary skill in the art to the claimed
invention without the impermissible use of appellants'
disclosure as a guide. The examiner relies on Murchison's
disclosure of relatively low pH values in the context of
treating aqueous solutions contaminated with soluble organic
materials. However, it is impermissible within the framework
of 35 U.S.C. § 103 to pick and choose from any one reference
only so much of it as will support a given position, to the
exclusion of other parts necessary to the full appreciation of
what such reference fairly suggests to one of ordinary skill
in the art. In re Wesslau, 353 F.2d 238, 241, 147 USPQ 391,
393 (CCPA 1965).
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