Ex Parte SCHMUTZ et al - Page 10




              Appeal No. 2000-1448                                                                         10                
              Application No. 08/709,975                                                                                     

              at 95 to 105oC, for periods of time up to 668 days.  See Table 4, Table 7, and Table 9.                        
              The data recorded in the specification is persuasive of the utilization of the combined                        
              stabilizers in a molding composition in permanent contact with water.                                          
              We conclude that the combined references in the third rejection are insufficient to                            
              establish a prima facie case of obviousness with respect to the claimed subject matter.                        
              Inasmuch as the references together are insufficient to meet the requirements of                               
              obviousness, it follows that each of the rejections directed to Mülhaupt, Spivack or                           
              GB ‘362 is likewise insufficient to establish a prima facie case of obviousness.                               
              See In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir.                                        
              1999) ("[T]he best defense against the subtle but powerful attraction of a hindsight-based                     
              obviousness analysis is rigorous application of the requirement for a showing of the teaching                  
              or motivation to combine prior art references").                                                               






                                                        DECISION                                                             
                      The rejection of claims 17, 18, 29, 30 and 35 under 35 U.S.C. § 103(a) as being                        
              unpatentable over Mülhaupt or Spivack is reversed.                                                             
                      The rejection of claims 17, 18, 29, 30 and 35 under 35 U.S.C. § 103(a) as being                        
              unpatentable over GB ‘362 is reversed.                                                                         






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