Appeal No. 1996-2738
Application 08/252,501
the Solicitor appears to suggest - that regardless of how
broad, a disclosure of a chemical genus renders obvious any
species that happens to fall
within it.” In re Jones, 958 F.2d 347, 350, 21 USPQ2d 1941,
1943 (Fed. Cir. 1992). Here the examiner has failed to
establish why one of ordinary skill in the art would have been
led to the specific polyamines of the formula recited in claim
32 on appeal from the generic disclosure of Hofreiter.
Accordingly, we determine that the examiner has not
established a prima facie case of obviousness and the
rejection of claims 32-38 under 35 U.S.C. § 103 over Hofreiter
is reversed.
The decision of the examiner has been affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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