Appeal No. 98-0192 8
Application No. 08/572,281
required carboxy group and a hydroxy group attached to the same aromatic ring.
Accordingly, as to claims 67 and 68, we have determined that the examiner’s
legal conclusion of obviousness is not supported by the facts. “Where the legal
conclusion is not supported by the facts it cannot stand.” In re Warner , 379 F.2d
1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
DECISION
The rejection of claims 1 through 66 and 69 under 35 U.S.C. § 103 as being
unpatentable over Blystone alone or in combination with Bardasz is affirmed.
The rejection of claims 67 and 68 under 35 U.S.C. § 103 as being unpatentable
over Blystone alone or in combination with Bardasz is reversed.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
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