Appeal No. 1997-3544
Application No. 08/404,234
the examples of Shimozawa, where lubricants are added to
binder compositions containing a vinyl chloride-vinyl alcohol
copolymer, with no evidence of any reaction.
As noted by appellants and the examiner, Proskow is
applied to show the addition of non-dispersing comonomers to
polymeric binders to regulate polymer solubility, oxidation
resistance and the ability to disperse the magnetic pigments
(Answer, page 4; Brief, page 7). Accordingly, Proskow does
not overcome the deficiencies in the examiner’s factual
support discussed above. For the foregoing reasons and
those stated in the Brief, we determine that the examiner’s
conclusion of obviousness is not supported by facts. “Where
the legal conclusion [of obviousness] is not supported by
facts it cannot stand.” In re Warner,
379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
Accordingly, the examiner’s rejection of claims 1-23 and 44-47
under 35 U.S.C.
§ 103 over Chernega in view of Nakamura, Shimozawa and Proskow
is reversed.
The decision of the examiner is reversed.
REVERSED
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