Appeal No. 1997-0117
Application No. 08/291,741
substantially all molecular nitrogen and/or other inert gases.
The examiner has not set forth a factual basis for raising a
valid concern that the inclusion of 10% carbon dioxide in the
samples of the Declaration would materially affect the
relative results.
One final point remains. Appealed claim 42 is improperly
dependent upon claim 67, inasmuch as it defines "a mixture of
about 90% liquid nitrogen and 10% liquid argon." Manifestly,
claim 42 does not further limit independent claim 67 since
claim 67 requires at least 70 volume % argon. We trust that
appellant will rectify this matter upon return of this
application to the examiner.
In conclusion, based on the foregoing, it is our judgment
that appellant's evidence of nonobviousness outweighs the
examiner's evidence of obviousness. Accordingly the
examiner's decision rejecting the appealed claims is reversed.
REVERSED
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