Appeal No. 1996-0864
Application No. 08/181,695
removed by precipitation at reaction [oxidation] conditions
(column 2, lines 38-42; column 4, lines 12-21; column 9, lines
54-59; and column 10, lines 5-8).
As stated by appellants on page 7 of the Brief, no
motivation is provided by Modell to consider conditions which
would enhance the solubility of the inorganics. The examiner,
on this record, has not provided any motivation or suggestion
to make the proposed modification of Modell. For the
foregoing reasons, we determine that the examiner has not
established a prima facie case of obviousness. Therefore we
need not reach the issue of the sufficiency of the Whiting
Declaration under 37 CFR § 1.132 executed on Dec. 12, 1994.
In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed.
Cir. 1987). Accordingly, the
7
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