Appeal No. 1995-3047
Application No. 07/805,729
that disclosure of the sodium salt does not constitute sufficient evidence to support a
rejection of the "remotely related" copper, zinc, and iron salts of
the same acids. Cf In re Jones 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992).
(disclosure of the substituted ammonium salts of "dicamba", a genus which
encompasses the claimed salt, does not constitute sufficient evidence to establish a prima
facie case of obviousness). Here, we find that the disclosure of parent compounds is
insufficient to support a conclusion of obviousness of claims reciting particular salt forms of
those compounds, and our decision is entirely consistent with the decision reached in
Matheson.
The rejection of all the appealed claims under 35 U.S.C. § 103 is reversed.
In conclusion, we do not sustain the examiner's prior art or non-prior art rejections.
The examiner's decision rejecting claims 1 through 24 is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
WILLIAM F. SMITH ) APPEALS AND
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