Appeal No. 1997-3093
Application 08/415,384
having such a size and surfactant layer thickness.
For the above reasons, we conclude that the examiner has
not carried his burden of establishing a prima facie case of
obviousness of the process recited in any of appellants’
claims. The rejection under 35 U.S.C. § 103, therefore, is
reversed.
DECISION
The rejections of claims 1-5, 7, 11 and 25-27 under 35
U.S.C. § 102(b) as being anticipated by or, in the
alternative,
under 35 U.S.C. § 103 as being obvious over DeSimone are
reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
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