Appeal No. 95-3988
Application 07/986,316
(Fed. Cir. 1991). In the absence of a suggestion in Watanabe of the developer vehicle required in claim
79 or a scientific explanation why the disclosure of this reference would have reasonably suggested said
vehicle, we are left with the inference that the examiner has relied on information gleaned from appellants’
disclosure in formulating this ground of rejection. Accordingly, we reverse the ground of rejection of
appealed claims 79 through 83 under § 103 as being unpatentable over Watanabe.
The examiner’s decision is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
TERRY J. OWENS )
Administrative Patent Judge )
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