Appeal No. 1995-4997
Application No. 08/089,436
employing a water-carrying system comprising a phosphono-
methylated polyvinylamine having recurring units of the
recited formula (I). According to appellants, they "have
discovered that such a water-soluble phosphonomethylated amine
exhibits unexpectedly high Ca ion compatibility, and+2
accordingly is more effective, than the corresponding
monomeric chelating agent, at inhibiting scale formation in a
water-carrying system in need thereof" (page 2 of principal
brief, emphasis in original). Appealed claims 5,
6, 8-10 and 12-20 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Hwa in combination with Justice.
Upon careful consideration of the opposing arguments
presented on appeal, it is our judgment that the prior art
applied by the examiner fails to establish a prima facie case
of obviousness for the claimed subject matter. Accordingly,
we will not sustain the examiner's rejection.
While we certainly appreciate and recognize the thorough
effort expended by the examiner in articulating his position
in the Examiner's Answer and Supplemental Examiner's Answer,
we simply find no teaching or suggestion in the applied
references, taken singularly or in combination, of utilizing
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