Ex parte DALTON et al. - Page 3




                 Appeal No. 1996-3990                                                                                     Page 3                        
                 Application No. 08/145,239                                                                                                             

                 Admitted prior art in specification  that hydroxyaryloximes    1                                                                       
                 are known copper extractants (Paper No. 7, page 2).                                                                                    
                          Claims 20-26 stand rejected under 35 U.S.C.  103 as                                                                          
                 being unpatentable over the admitted prior art in view of                                                                              
                 Shanton.                                                                                                                               
                                                                     OPINION                                                                            
                          We have carefully reviewed the respective positions                                                                           
                 advanced by appellants and the examiner.  In so doing, we find                                                                         
                 ourselves in agreement with appellants that the examiner has                                                                           
                 failed to establish that the applied references' teachings                                                                             
                 would have rendered the claimed subject matter obvious within                                                                          
                 the meaning of 35 U.S.C.  103.  Accordingly, we will not                                                                              
                 sustain the examiner's rejection.                                                                                                      
                          The admitted prior art copper extractant relied upon by                                                                       
                 the examiner does not even contemplate component B of the                                                                              
                 composition and Shanton is directed to pressure sensitive                                                                              
                 record material, not compositions useful for copper                                                                                    

                          1The examiner does not specifically identify that portion                                                                     
                 of the subject specification which is being relied upon as                                                                             
                 admitted prior art; however, appellants do not dispute the                                                                             
                 examiner's assertion to the extent that "... hydoxyaryloximes                                                                          
                 are known copper extractants" (brief, page 7).  We observe                                                                             
                 that an organic solvent solution of o-hydroxyaryloxime is                                                                              
                 acknowledged as a known metal extractant at page 1, lines 6-15                                                                         
                 of appellants' specification.                                                                                                          







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