Appeal No. 96-2675
Application No. 08/299,760
aqueous bath. We further find that the polyvinyl alcohol film
of Naude-Filonniere is prepared from a process substantially
different from that used by Takigawa. See Takigawa, page 1,
lines 23-61.
Indeed, Takigawa recognizes the difficulty of blocking
using the extrusion processes of Naude-Filonniere. See page
1, lines 55-61. We find that patentee solves the blocking
problem by reducing the moisture content to very low levels,
and controlling the die temperature. We find the polyvinyl
alcohol film of Takigawa does not exhibit any tendency to
block either during or after manufacture. See page 2, lines
5-12. Accordingly, we conclude that there is no reason why
one having ordinary skill in the art would have added a
blocking agent to the polyvinyl alcohol composition of
Takigawa.
Based upon the above analysis, we have determined that
the examiner’s legal conclusion of obviousness is not
supported by the facts. “Where the legal conclusion [of
obviousness] is not supported by the facts it cannot stand.”
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967).
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007