Appeal No. 97-1417
Application No. 08/273,040
The examiner has failed to explain how the organic
compositions disclosed in Liimatta provide an elemental
carbon-free material under pyrolysis. Absent a more factually
specific statement of the rejection, we cannot sustain the
rejection of claims 1-19 and 21 under 35 U.S.C. § 103 as2
being unpatentable over the combination of Boyd and Liimatta.
See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992) (the examiner bears the initial burden of
presenting a prima facie case of unpatentability).
Based on the record before us, the decision of the
examiner is reversed.
REVERSED
2 Claims 2-19 and 21 are dependent on independent
claim 1. See 37 CFR § 1.75(c) ("Claims in dependent form
shall be construed to include all the limitations of the claim
incorporated by reference into the dependent claim.").
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