Appeal No. 1995-4997
Application No. 08/089,436
backbone because Justice teaches the embodiment" (page 6 of
Examiner's Answer), there is no teaching in either Hwa or
Justice that the relevant functional groups can be bonded to
any polymer backbone, in general, let alone the specific one
claimed by appellants. In addition, the examiner has not
adequately refuted appellants' argument that Hwa's disclosure
of a synergistic combination of amino polymethyl-phosphonic
acids and specific carboxylic acids would have militated
against substituting the polymers of the claimed invention for
the compounds disclosed by Hwa.
Since it is our judgment that the examiner has not
established a prima facie case of obviousness for the claimed
subject matter, we find it unnecessary to address the
probative value of appellants' specification and declaration
evidence of nonobviousness.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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