Appeal No. 96-2105
Application 08/059,861
prima facie obvious to one of ordinary skill in the art to use
no more than 0.02 equivalents of organic amine base per
equivalent of dialkyl dicarbonate in that example.
Accordingly, we conclude that the examiner has not
carried his burden of establishing a prima facie case of
obviousness of the process recited in any of appellants’
claims. Since no prima facie case of obviousness has been
established, we need not address the affidavits of Khojasteh
and Moreau. See In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ
785, 788 (Fed. Cir. 1984); In re Rinehart, 531 F.2d 1048,
1052, 189 USPQ 143, 147 (CCPA 1976).
DECISION
The rejection of claims 1-17 under 35 U.S.C. § 103 over
Brunsvold in view of Ito is reversed.
REVERSED
MARY F. DOWNEY )
Administrative Patent Judge )
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