Appeal No. 96-2341
Application 08/389,554
used, the composition would have the property recited in
appellants’ independent claim of being a stable gel when in
the quiescent stage but becoming free-flowing on the
application of a moderate shearing force. Also, the examiner
has not discussed any effect which Wilkins’ required peroxide
might have on Wilkins’ composition with respect to being shear
thinnable.
For the above reasons, we conclude that the examiner has
not carried his burden of establishing a prima facie case of
obviousness of appellants’ claimed invention over Wilkins.
DECISION
The rejections under 35 U.S.C. § 103 of claims 1, 3, 4
and 6-10 over Munro, claims 1 and 6 over Munro in view of
Baxter, and claims 1, 3, 4 and 6-10 over Wilkins, are
reversed.
REVERSED
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