Appeal No. 96-0607
Application No. 08/134,778
recognized equivalence of sodium and ammonium salts of AMPS
(answer, pages 4-5, brief, pages 6-7).
“When relying on numerous references or a modification of
the prior art, it is incumbent upon the examiner to identify
some suggestion to combine the references or make the
modification.” In re Mayne, 104 F.3d 1339, 1342, 41 USPQ2d
1451, 1454 (Fed. Cir. 1997). Here we find that the examiner
has failed to identify some suggestion, and we can find none,
to combine these references with Daniel and Barnett. As
explained by appellants on page 6 of the brief, Chmelir
relates to water absorbers and Smith ‘224, Smith ‘359, and
Moradi-Araghi all relate to enhanced oil recovery
viscosifiers. The examiner is correct that all of these
references show the relative equivalence of alkali metal and
ammonium salts of AMPS. However, the examiner fails to
identify why this teaching in the arts disclosed by these
references would have led one to make this modification in
latex binders in the paint industry as disclosed by Daniel and
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