Appeal No. 1997-3051
Application No. 08/473,963
Nguyen-Kim or Elsaesser would not have led to the claimed invention because the
substitution of the novolak copolymer does not address the deficiencies of Crivello,
Nguyen-Kim, Elsaesser stated above.
In the absence of sufficient factual evidence or scientific rationale on the part of
the Examiner to establish why and how a skilled artisan would have arrived at the subject
matter of claims 33-45, 47-49, 52 and 54 from the applied references, we find that the
Examiner has failed to meet the initial burden of establishing the prima facie
obviousness of the claimed subject matter. Accordingly, we are constrained to reverse
the Examiner*s rejection of claims 33-45, 47-49, 52 and 54.
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