Appeal No. 1997-3013
Application No. 08/383,328
has properly established that one of ordinary skill in the art
would have found it obvious, in view of the applied prior art,
to arrive at the appellants’ claimed subject matter by using
the recited polyisocyanate A2) having the claimed viscosity to
prepare component A). Under these circumstances, we hold that
the examiner has not carried his burden of establishing a
prima facie of obviousness within the meaning of 35 U.S.C. §
103. In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785,
787-88 (Fed. Cir. 1984).
The decision of the examiner is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
FRED E. McKELVEY ) APPEALS
Senior Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ROMULO H. DELMENDO )
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