Ex parte JAEKEL et al. - Page 6




          Appeal No. 1996-1185                                                        
          Application No. 08/063,985                                                  


          described process in a manner corresponding to the herein                   
          claimed process, which also requires that the aqueous solution              
          or suspension of a hydrate-forming compound be at a                         
          temperature above the “transition temperature.”  Nor is there               
          any appreciation in Choy that such a process results in the                 
          formation of “low-dust” granules, as claimed.                               
                    Because the disclosures of Choy are insufficient to               
          establish a prima facie case of obviousness for the subject                 
          matter defined by the appealed claims and because the Johnston              
          reference fails to remedy the basic deficiencies in Choy, we                
          are constrained to reverse the stated rejections of the                     
          appealed claims.                                                            
                    The decision of the examiner is reversed.                         
                                      REVERSED                                        




                              EDWARD C. KIMLIN         )                              
                              Administrative Patent Judge )                           
                                                       )                              
                                                       )                              
                                                       ) BOARD OF                     
          PATENT                                                                      
                              JOHN D. SMITH            )                              
                              Administrative Patent Judge )   APPEALS AND             
                                                       )                              
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