Appeal No. 1997-4345
Application No. 08/292,670
presenting a prima facie case of unpatentability. In re
Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. Here, the
examiner has presented no evidence or even rationale to
support the proposition that the prior art teaches or would
have suggested polymers having end
groups which are thermally labile, reversibly attachable,
covalently bonded stable free radical groups as required by
the claims before us.
For the above stated reasons, we cannot sustain the
examiner’s section 102 or section 103 rejection of claims 1
through 4, 6, 8 and 9 over Tong or his section 103 rejection
of claims 1 through 9 over Georges.
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