Appeal No. 1997-0717
Application 08/405,668
resins of Reed et al. and functional polyphenylene ether resins of Brown et al., there is little, if any,
commonality between the compositions of these references and those of the primary references. Cf. In
re Castner, 518 F.2d 1234, 1238-39, 186 USPQ 213, 217 (CCPA 1975) (“[W]hen the ingredients
are associated in an obvious manner set forth in the claims, they do not co-act with each other in any
new or unexpected way and define nothing patentable over the prior art.”).
Thus, 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
MARC L. CAROFF )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
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