Appeal No. 1998-2224
Application No. 08/624,147
salts as CO sorbents; see the Answer, page 5) was challenged
by appellants (Brief, page 19). The examiner, in the Answer,
has not supported the Official Notice with the appropriate
evidence. See In re Ahlert, 424 F.2d 1088, 1091-92, 165 USPQ
418, 420-21 (CCPA 1970).
For the foregoing reasons and those set forth in the
Brief, we determine that the examiner has not presented a
prima facie case of obviousness in view of the reference
evidence. Accordingly, the examiner’s rejection of claims 8-
27 under section 103 over Tsuchiyama taken with Keefer further
in view of Dandekar, JP ‘436, and Dexheimer is reversed.
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