Appeal No. 96-2432
Application No. 08/066,087
examiner has failed to do so on this record, we find that the
examiner's position is lacking the requisite factual support
to shift to appellant the burden of proving that the reference
cured esters do not have the claimed tensile strength.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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)
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JOHN D. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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PETER F. KRATZ )
Administrative Patent Judge )
clm
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