Appeal No. 96-3586
Application No. 08/262,848
basis for establishing the obviousness of the claimed time
release encapsulation within the meaning of 35 U.S.C. § 103
(see In re GPAC Inc, 57 F.3d 1573, 1582, 35 USPQ2d 1116, 1123
(Fed. Cir. 1995) and In re Warner, 379 F.2d 1011, 1017, 154
USPQ 173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057
(1968)). Therefore, we will not sustain the rejection of
claim 15 under 35 U.S.C. § 103 as being unpatentable over
either Altman or Lawson.
In summary:
The rejection of claims 14 and 15 under 35 U.S.C. § 112,
second paragraph, is affirmed.
The rejection of claim 14 under 35 U.S.C. § 103 (1) based
on the teachings of either Altman or Lawson is affirmed and
(2) based on the teachings of Wright is reversed.
The rejection of claim 15 under 35 U.S.C. § 103 based on
the teachings of either Altman, Lawson or Wright is reversed.
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