Ex parte FAIN - Page 11




          Appeal No. 1999-2556                                                        
          Application 08/774,848                                                      


          position (see page 3 in the final rejection) that Watson                    
          inherently                                                                  
          discloses such odorous substances has no reasonable support in              
          Watson’s disclosure.                                                        
               Hence, we shall not sustain the standing 35 U.S.C. §                   
          103(a) rejection of claim 1, or of claims 5 through 9 which                 
          depend from claim 1, as being unpatentable over Manning in                  
          view of Watson.                                                             
               The deficiencies of Manning with respect to the subject                
          matter recited in independent claim 25 and of the Manning-                  
          Watson combination with respect to the subject matter recited               
          in independent claim 1 find no cure in the various references               
          applied to support the obviousness rejections of the claims                 
          which respectively depend from these independent claims.                    
          Therefore, we shall not sustain the standing 35 U.S.C. §                    
          103(a) rejection of claims 41 and 42, which depend from claim               
          25, as being unpatentable over Manning in view of Watson, the               
          standing                                                                    
          35 U.S.C. § 103(a) rejection of claims 3, 10 and 17, which                  
          depend from claim 1, as being unpatentable over Manning in                  
          view of Watson and Rhodes, the standing 35 U.S.C. § 103(a)                  

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