Appeal No. 1997-3307
Application No. 08/121,402
necessarily have a bulk density of 0.30 g/cc or
greater. Nor does the examiner explain why one
skilled in the art would be motivated to change the
bulk density to a value of 0.30 g/cc or greater.
Hence, the examiner has failed to meet his burden.
In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657
(Fed. Cir. 1990); In re King, 801 F.2d 1324, 1327, 231
USPQ 1036, 138-39 (Fed. Cir. 1986).
CONCLUSION
We vacate and remand rejection I. We reverse
rejection II-VI.
REVERSED
and
VACATED AND REMANDED
FRED E. MCKELVEY )
Senior Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHUNG K. PAK ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
)
BEVERLY A. PAWLIKOWSKI )
Administrative Patent Judge )
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