Appeal No. 1997-0666
Application 08/338,830
such objective evidence demonstrates that such facts are not capable of “instant and
unquestionable demonstration” as being “well-known” in this art.
Accordingly, in light of the above, the simple fact here on appeal is that neither of the
examiner's relied upon references shows or suggests appellants' component (b) for use as a
deflocculating agent for any purpose, much less than the specific purpose set forth in
appellants' claimed composition. Thus, the combination of references applied by the
examiner does not result in the claimed composition. See Uniroyal, Inc. v. Rudkin-Wiley Corp.,
837 F.2d 1044, 1052, 5 USPQ2d 1434, 1439-40 (Fed. Cir.), cert. denied, 489 U.S. 825
(1988)(a structure created from the combined teachings of the prior art references “would, in
any event, fall short of the invention” defined by the claims).
The decision of the examiner is reversed.
REVERSED
John D. Smith )
Administrative Patent Judge )
)
)
Charles F. Warren ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
Paul Lieberman )
Administrative Patent Judge )
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