Appeal No. 96-1947
Application No. 08/161,618
Marks regarding the specific terpolymer recited in the claims
on appeal. The alkali ion conducting polymers disclosed and
taught by Sammells (column 4, lines 39-68, see the Answer,
page 3) do not include any terpolymers or even the three
components of the terpolymer specified in the appealed claims.
For the foregoing reasons, we determine that the examiner
has not established a prima facie case of obviousness in view
of the applied references. Accordingly, the rejection of
claims 1 through 6 and 8 under 35 U.S.C. § 103 as unpatentable
over Marks in view of Sammells is reversed.
The decision of the examiner is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOHN D. SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
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