Appeal No. 1998-1176
Application No. 08/553,072
Example 6 at col. 14. Water-immiscible solvents are taught as
co-solvents by Kintopf (see the Answer, page 9; Kintopf, col.
5, ll. 2-6; and Example 1).
For the foregoing reasons and those set forth in the
Answer, we determine that the examiner has presented a prima
facie case of obviousness in view of the reference evidence.
Based on the totality of the record, giving due consideration
to appellant’s arguments, we determine that the preponderance
of evidence weighs most heavily in favor of obviousness within
the meaning of section 103. Accordingly, the examiner’s
rejection of claims 9, 19 and 22 under 35 U.S.C. § 103 as
unpatentable over Kintopf is affirmed.
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