Ex parte WEERS et al. - Page 5




          Appeal No. 1996-3673                                                        
          Application No. 08/139,893                                                  


          that the disclosure of Moyer at column 1, lines 55 to column 2              
          ,line 2 in combination with the disclosure of Moyer at column               
          6, lines 2-4 constitutes a teaching of a genus of reaction                  
          products that includes appellants’ claimed subgenus of                      
          alkylenepolyamine/formaldehyde reaction product scavengers.                 
          However, even considering the teachings of the “secondary                   
          references” of Wilson and Go which teach the related use of                 
          alkylenepolyamine compounds (not reaction products), it is                  
          apparent that there is inadequate guidance and direction in                 
          the prior art that would have led a person of ordinary skill                
          in this art to the selection of appellants’ claimed subgenus                
          of “scavenger” reaction products.                                           
               Based on the above, we are constrained to agree with                   
          appellants that the relevant combined teachings of the relied               
          upon references do not establish a prima facie case of                      
          obviousness for the subject matter defined by the herein                    
          appealed claims.                                                            
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




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