Appeal No. 1996-1403 Page 5
Application No. 08/052,574
by X and Y. We further find that there is a similar disclosure
for a cocatalyst recited by Arzoumanidis at column 8, lines 42
- 50. We conclude however, that none of these disclosures is
sufficient to suggest to a person having ordinary skill in the
art, the compound having the structure and formula of the
claimed subject matter.
“A prima facie case of unpatentability requires that the
teachings of the prior art suggest the claimed compounds to a
person of ordinary skill in the art.” See In re Deuel 51 F.3d
1552, 1557, 34 USPQ2d 1210, 1214 (Fed. Cir. 1995). No such
suggestion is present in the prior art relied upon herein.
DECISION
The rejection of claims 1 through 20 under 35 U.S.C. §
103, as being unpatentable over Arzoumanidis is reversed.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007