Appeal No. 1997-4439
Application No. 08/452,125
The examiner’s finding that appealed claims 8-10, 14, 18,
and 20 are anticipated by Reed is necessarily predicated on
his factual determination that certain particulate particles
described in the Reed patent are inherently “adhesive-
abrasive” particles as claimed by appellants. See page 2 of
Paper No. 8 and page 3 of paper No. 11 wherein the examiner’s
statements imply that Reed’s plasticizer particles which are
composed of low molecular weight polymers such as linear
polyesters, polyamides and polyethylene are necessarily
“adhesive-abrasive” particles as claimed apparently in part
because appellants’ “adhesive-abrasive” particles may also be
composed of polyester or nylon (polyamide) particles as
described in the specification at page 8, line 22. On the
other hand, appellant argues that the Reed particles are
neither adhesives nor abrasives as required by the language of
their claims. See the brief at page 5, lines 19 and 20 and
the Sammis declaration at page 2. For the reasons below, we
find that the examiner has failed to meet his burden of
establishing as a factual matter that the Reed particles are
inherently “adhesive-abrasive” particles as claimed by
appellant.
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