Appeal No. 1997-4104
Application 08/383,238
find that the examiner has provided an inadequate factual
basis to support a reasonable belief that the claimed melt
viscosity value for appellants’ PVDF resin component in
appellants’ paints is an inherent characteristic of the prior
art paints. Compare In re Best, 562 F.2d 1252, 1555, 195 USPQ
430, 433 (CCPA 1977). Accordingly, the examiner’s stated
rejection of the appealed claims cannot be sustained.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHARLES F. WARREN )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
CATHERINE TIMM )
Administrative Patent Judge )
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