Appeal No. 1997-2339
Application No. 08/177,576
conclusion of obviousness. The examiner has not explained how
a person having ordinary skill in the art would have arrived
at the composition recited in each claim on appeal, comprising
80-98% by weight
polyglyceryl methacrylate containing about 50% water.
Accordingly, the examiner has failed to establish a prima
facie case of obviousness.
6. Having determined that the examiner has not
established a prima facie case of obviousness, we find it
unnecessary to
discuss the Vernice Declaration, executed December 23, 1993,
which is relied on by appellants as rebutting any such prima
facie case.
IV. CONCLUSION
In conclusion, we reverse the rejection of claims 1, 3, 5
through 8, and 10 through 16 under 35 U.S.C. § 103 as
unpatentable over Georgalas and Martino.
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