Appeal No. 97/1235
Application No. 08/316,717
containing a chemical in an envelope susceptible to
dissolution in water would have been closed not in an ambient
atmosphere but in an atmosphere purged of all water. These
assumptions on the part of the examiner, are significant, for
as noted above, an examiner may not resort to unfounded
assumptions and speculation in support of a rejection under
section 103.
The reference disclosure of Cuille does not provide a
teaching that would cure the lack of a factual basis in the
disclosure of the references cited against claims 118 through
128 and 130 through 149. For this reason the rejection of
claims 151 and 152 is also reversed.
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