Appeal No. 1998-2257
Application 08/692,310
salts of alkali metal cations of bicyclic polyoxadiamine
compounds as two-electron reducing agents (col. 6, lines 44-
48), and Kilner discloses the desirability of preparing small
metallic particles (page 356). The examiner argues that it
would have been obvious to one of ordinary skill in the art to
use an electride in an organic solvent as a reductant for the
production of metal powders because electrides are strong
reductants in organic solvents, and that Rieke, Dye ‘180 and
the Dye article would have suggested making alloys (answer,
page 5).
In order for a prima facie case of obviousness to be
established, the teachings from the prior art itself must
appear to have suggested the claimed subject matter to one of
ordinary skill in the art. See In re Rinehart, 531 F.2d 1048,
1051, 189 USPQ 143, 147 (CCPA 1976). The mere fact that the
prior art could be modified as proposed by the examiner is not
sufficient to establish a prima facie case of obviousness.
The examiner does not explain why the prior art itself would
have fairly suggested, to one of ordinary skill in the art,
combining the teachings therein so as to arrive at the claimed
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007