Ex parte YAMADA et al. - Page 5

          Appeal No. 1997-2437                                                        
          Application No. 08/230,378                                                  


          polymerizable mixture, among other factors" (sentence bridging              
          pages 13 and 14 of Brief).  Significantly, the examiner has                 
          not addressed this cogent point made by appellants in any way.              
               Since we find that the examiner has not established a                  
          prima facie case of obviousness, it is unnecessary for us to                
          evaluate the probative value of appellants' declaration                     
          evidence.                                                                   
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ROMULO H. DELMENDO            )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     


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