Appeal No. 1997-4255
Application 08/443,672
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the following
materials:
(1) the instant specification, including all of the claims on appeal;
(2) applicants' main brief and reply brief;
(3) the examiner's answer;
(4) the Sinclair reference;
(5) the Suzuki declaration executed March 20, 1995; and
(6) the Suzuki declaration executed April 17, 1995.
On consideration of the record, including the above-listed materials, we reverse
the examiner's rejection under 35 U.S.C. § 103.
DISCUSSION
This is not a close case. The examiner argues that Example 72B of Sinclair
suggests applicants' process for forming a molded product from a transparent sheet of
poly L-lactic acid, including steps (a), (b), and (c) recited in independent claim 7. We
disagree.
In our judgment, the examiner has not established that the starting material in
Example 72B of Sinclair is a transparent sheet of poly-L-lactic acid. On the contrary,
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