Appeal No. 1997-0704
Application No. 08/324,855
reversed.
B. The Rejections under § 103
The examiner has combined Klun with each of Dueber and
Moyer to support two of the rejections under § 103, with Klun
cited to show the use of stabilizers in acrylate compositions
as recited in claims 51-54 on appeal (Answer, pages 6 and 12).
Therefore Klun does not remedy the deficiencies discussed
above with respect to Dueber and Moyer (McKeever is applied
alone under
§ 103 and the following remarks also pertain to this
rejection). Accordingly, the examiner has not met the initial
burden of establishing a prima facie case of obviousness
merely by citing a list of monomers in each reference which is
generic to the combination of monomers from two classes as
recited in claim
35 on appeal. See In re Baird, 16 F.3d 380, 383, 29 USPQ2d
1550, 1552 (Fed. Cir. 1994); In re Jones, 958 F.2d 347, 351,
21 USPQ2d 1941, 1943 (Fed. Cir. 1992).
The remaining rejection under § 103 not discussed above
is based on Kistner in view of Klun (with Klun applied, as
10
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