Appeal No. 1997-3307
Application No. 08/121,402
Rejection V
Because the reference of Knechtel does not cure
the aforementioned deficiencies of the Bürge
reference, for the reasons discussed below, we also
reverse the 35 U.S.C. § 102/§ 103 rejection of claim 6
over Bürge in view of Knechtel.
Rejection VI
Appellants argue the Knechtel does not disclose
the use of polymers having a bulk density of 0.30 g/cc
or greater. The examiner recognizes this deficiency
of Knechtel. (Answer, page 10). Yet, the examiner
states that such a property is anticipated by or an
obvious characteristic in view of Knechtel. (Answer,
page 10).
We reiterate that when an examiner relies upon a
theory of inherency, he must provide a basis in fact
and/or technical reasoning to reasonably support the
alleged inherency. Ex parte Levy, 17 USPQ2d 1461,
1464 (Bd. Pat. App. & Int. 1990). Here, the examiner
states that Knechtel employs the some polymer (s),
stabilizer and salt solution. However, the examiner
overlooks that fact that bulk densities of
methylcellulose derivatives vary among different
samples. Yet the examiner does not explain why
Knechtel’s methylcellulose derivatives would
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