Appeal No. 95-3461
Application 08/056,076
required by Johnson. Thus, it is not clear on what basis the examiner concludes that the
silicate of Johnson, described to be useful in transdermal devices only when used in
conjunction with ultrahigh molecular weight polyolefin, would be similarly useful in layer 17
of Cleary which does not use the ultrahigh molecular weight polyolefin.
What is needed on this record is a more in-depth, fact-based analysis by the
examiner of the specific references relied upon. Absent such an explanation, we are
constrained to reverse the rejection of record.
The decision of the examiner is reversed.
REVERSED
Bruce H. Stoner, Jr., Chief )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Sherman D. Winters )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
William F. Smith )
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