Appeal No. 95-4762
Application No. 08/086,885
bis-sec-alkyl ethers. Accordingly, contrary to the examiner's
position, we conclude that this statement in British Petroleum
is neither a teaching nor a suggestion that cation exchanged
clays and hydrogen ion exchanged clays are equivalent as
catalysts for all proton catalyzed organic reactions
especially since anhydration reactions are not even disclosed
by British Petroleum.
Moreover, our position is supported by and we concur
with appellant's arguement in his brief that McCabe's
anhydration reactions are not equivalent for all acids. See
Brief pages 6 to 8. In view of these findings, British
Petroleum and McCabe may not be properly combined to arrive at
appellants' invention.
In view of our analysis and conclusions, the examiner's
legal conclusion of obviousness is not supported by facts.
"Where the legal conclusion [of obviousness] is not supported
by facts it cannot stand." In re Warner 379 F.2d 1011, 1017,
154 USPQ 173, 178 (CCPA 1967).
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