Appeal No. 1997-3738
Application No. 08/469,741
Certainly, it might have been obvious to try to do so in view
of the disclosure in Castrantas (col. 4, l. 36) of an
unsubstituted BCL as a suitable activator. But, "obvious-to-
try" is not the standard for determining obviousness under 35
U.S.C. § 103.
The examiner refers to the Burns et al. patent 4,852,989
to support his position. If anything, though, Burns3
undermines the examiner's position. Burns (col. 3, l. 55-col.
4, l. 16) indicates that a number of factors are involved in
selecting a suitable leaving group to form a stable bleach
activator.
3The Burns patent is discussed on page 6 of the Examiner's
Answer, although it was not included in the examiner's
statement of the grounds for rejection.
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