Appeal No. 96-0114 Application No. 08/128,279 appellant’s statements in the specification. Id. Mere conclusory remarks by the examiner regarding a propellant gas are not sufficient to satisfy his or her burden. Note that there is nothing inconsistent about feeding a propellant gas ("a liquefied gas with a vapor pressure greater than atmospheric pressure at 105 deg. F") under adequate pressure to permit its introduction into an extruder containing a viscous liquid starch composition and causing the conversion of a propellant gas (liquid form) to a gaseous form in an extruder due to temperature and pressure conditions therein. See Brief, page 7. The very reference the examiner relied upon to justify his § 112 rejection also supports appellant’s conclusion that one of ordinary skill in the art would know how to select "suitable propellants" for making cushioning particles without undue experimentation. The examiner’s doubt as to why the specification is inadequate is simply unsupported by any evidence. Marzocchi, 439 F.2d at 224, 169 USPQ at 370. Accordingly, we reverse the examiner’s decision rejecting 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007