Appeal No. 1996-2413
Application No. 08/120,194
the examiner establishes a prima facie case of obviousness
with respect to the subject matter defined by, for example,
appealed claim 1 which has not been successfully rebutted by
the appellant with objective evidence of nonobviousness.
Similar reasoning applies to the other claims on appeal
including, for example, independent claim 6. With respect to
the Tovey, Dennis and Grossman references applied against this
last mentioned claim, the appellant seems to believe that no
reason exists for combining these references with the other
applied references. In our view, however, it would have been
obvious for one with ordinary skill in the art to combine the
references in question in order to obtain the freeze dried
powder of Japanese ‘526 in the desirable form of a tablet as
required by appealed claim 6.
In light of the foregoing, we hereby sustain each of the
section 103 rejections advanced by the examiner on this
appeal.
The decision of the examiner is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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