Ex parte SCOTT - Page 7




          Appeal No. 1997-1498                                                        
          Application No. 08/251,148                                                  


          the term “about 30 mol%” is also inclusive of “28 to 30 mol%”               
          of naphthalenedicarboxylic acid, which are not described in                 
          the application disclosure as originally filed within the                   
          meaning of 35 U.S.C.  112, first paragraph.  Id at 537, 194                
          USPQ at 125.  Accordingly, we affirm the examiner’s decision                
          rejecting claims 1 and 2 under 35 U.S.C.  112, first                       
          paragraph.                                                                  
                            Rejection under 35 U.S.C. 103                            
               The examiner has rejected claims 1 through 17 and 19                   
          through 21 under 35 U.S.C.  103 as obvious over the                        
          disclosure of Minnick.  See the Answer, page 4.  In order to                
          establish a prima facie case of obviousness under Section 103,              
          the examiner must supply some objective teaching or suggestion              
          in the applied prior art taken as a whole and/or knowledge                  
          generally available to one of ordinary skill in the art that                
          would have led the artisan to                                               





          the claimed invention, without recourse to the teachings of                 


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