Appeal No. 1996-2012
Application No. 08/146,025
prior art reference : 2
Antenore et al. (Antenore) 2130232 May 31,
1984
(published UK Patent Application)
Based upon the record before us , we agree with appellant 3
that the examiner has failed to establish a prima facie case
of obviousness. Accordingly, we will not sustain the
examiner’s rejection.
As we see it, the critical deficiency in the examiner’s
reasoning lies in a failure to provide any factual basis for
her conclusion that "the butterfat homogenization" of Antenore
"is seen to knead the butterfat". The examiner has failed to
provide any factual basis, nor are we aware of any, for
concluding that there is an art-recognized equivalence or
association between inverting cream in an homogenizer to form
"liquid butter", as in Antenore, and passing butter through a
2The examiner has indicated (Paper No. 18) that a second
rejection under 35 U.S.C. § 103 based upon another reference
(Decio) has been withdrawn.
3Our decision is based on consideration of the opposing
arguments on appeal expressed in appellant’s Supplemental
Brief (Paper No. 21) and the Examiner’s Answer (Paper No.
22)responsive thereto.
3
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007