Appeal No. 99-1216
S.N. 08/356,194
combination of copolymer (A), having an alkoxyalkyl group,
with copolymer (B) achieves improved results. These
results refute that examiner’s interpretation of Table 4.
In view of the above, we find that the examiner has
not met her burden of establishing a prima facie case, and
we reverse. We need not discuss the reference of Feldman,
as this reference does not cure the above-mentioned
deficiencies found in Toyoshima and Ilnyckyj.
SUMMARY
The rejection of claims 1, 4-8, 10-12, and 16-26 under
35 U.S.C. § 103 over Toyoshima in view of Ilnyckyj, and
further in view of Feldman, is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
REVERSED
)
CATHERINE TIMM )
Administrative Patent Judge )
)
)
)BOARD OF
)PATENT
ROMULO DELMENDO )APPEALS
Administrative Patent Judge )AND
)INTERFERENCES
)
)
)
BEVERLY PAWLIKOWSKI )
Administrative Patent Judge )
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