Appeal No. 1996-1658
Application No. 07/792,553
does not by itself render that compound or subgenus obvious.
Factors which militate against a finding of obviousness here
are elucidated in the line of cases represented by In re
Baird, 16 F.3d 380, 382, 29 USPQ 2d 1550, 1552 (Fed. Cir.
1994). As in Baird, we are confronted with a prior art
generic formula encompassing a vast number of potential bis-
quaternary ammonium compounds.
Also, the subgenus defined by appellants' claims is of
substantially narrower scope.
Additionally, as we have previously noted, appellants
have disclosed that their monoprimary alcohols are
particularly suited for preparing cationic starch while
avoiding the problem of undesirable cross-linking, a problem
encountered in the prior art but not addressed by Login.
Although we do not agree with appellants that Login
expresses a preference for symmetrical compounds or for
substituents of more than 12 carbon atoms, this in no way
alters our conclusion that the examiner has failed to
establish a prima facie case of obviousness. It is the
examiner, after all, who has the initial burden of
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