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."). 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007