Ex parte BARDEEN - Page 7




          Appeal No. 1996-1291                                                        
          Application No. 08/182,409                                                  


          columns 2 through 4, with Takiyama, columns 2 through 4.                    
          Nowhere does either Kitabatake and/or Takiyama indicate that                
          the chemicals of the type described in Takiyama are useful for              
          the transfer method described in Kitabatake.  See Takiyama and              
          Kitabatake in their entirety.  Nor does Golchert remedy this                
          deficiency.  See Golchert in its entirety.  To employ the                   
          chemicals described in Takiyama in the transfer method of                   
          Kitabatake is to destroy the invention on which Kitabatake is               
          based, for the use of such chemicals materially compromises                 
          the objectives of Kitabatake.  See Ex parte Hartmann, 186 USPQ              
          366, 367 (Bd. App. 1974).  Accordingly, we cannot sustain any               
          of the examiner’s § 103 rejections.                                         
















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