Ex parte BREYTA et al. - Page 4

                Appeal No. 1997-0548                                                                                                     
                Application 08/345,290                                                                                                   

                        Accordingly, in the absence of evidence or scientific explanation in the record establishing that                
                one of ordinary skill in this art would have reasonably expected that the teachings with respect to                      
                novolak resists in Schlegel would apply to the vinyl polymers of Brunsvold, it is manifest that the only                 
                direction to appellants’ claimed invention as a whole on the record before us is supplied by appellants’                 
                own specification.  Fine, supra; Dow Chem., 837 F.2d at 473, 5 USPQ2d at 1531-32.                                        
                        The examiner’s decision is reversed.                                                                             
                                                               Reversed                                                                  










                                        CHUNG K. PAK                                    )                                                
                                        Administrative Patent Judge                     )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                        CHARLES F. WARREN                               )   BOARD OF PATENT                              
                                        Administrative Patent Judge                     )        APPEALS AND                             
                                                                                        )      INTERFERENCES                             
                                                                                        )                                                
                                                                                        )                                                
                                        PAUL LIEBERMAN                                  )                                                
                                        Administrative Patent Judge                     )                                                










                                                                  - 4 -                                                                  



Page:  Previous  1  2  3  4  5  Next 

Last modified: November  3, 2007