Appeal No. 1998-1247
Application No. 08/445,165
Since we reverse for the lack of the presentation of a prima facie case of
obviousness by the Examiner, we need not reach the issue of the sufficiency of the
evidence in the specification as allegedly demonstrating unexpected results. See
In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir. 1987).
CONCLUSION
The rejection of claims 17 and 20-22 as unpatentable under 35 U.S.C. § 112, first
paragraph, for lack of an enabling disclosure is reversed.
The rejection of claim 21 under 35 U.S.C. § 112, second paragraph, is affirmed.
The rejection of claims 17, 18 and 20 to 22 as unpatentable under 35 U.S.C.
§ 103 over the combination of Schlicht and The Agrochemicals Handbook is reversed.
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