Appeal No. 96-0150
Application No. 07/969,244
possibilities". In re Oelrich, 666 F.2d 578, 581, 212 USPQ
323, 326 (CCPA 1981). In addition, Nakai, the "secondary
reference" relied on by the examiner, contains no express
disclosures regarding "the other properties" deemed to be
inherent in Sasagawa’s carbon black. Thus, as applied, Nakai
does not remedy the fundamental deficiencies in Sasagawa’s
disclosures. Accordingly, we are constrained to reverse the
stated rejection of the appealed claims.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHUNG K. PAK ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
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