Ex Parte KAPPELE et al - Page 16




              Appeal No. 2000-2149                                                                      16               
              Application No. 08/859,901                                                                                 

              would have reasonably expected the copolymer of ethylene glycol and propylene glycol to                    
              act as an effective solvent.  The prima facie case of obviousness arises from the reasonable               
              expectation that compounds that are similar in chemical structure will exhibit similar                     
              properties.  In re Hoch, 428 F.2d 1341, 1343-44, 166 USPQ 406, 409 (CCPA 1970).                            
              Based on the foregoing, I would also affirm the examiner’s rejections of claim 32                          
              under 35 U.S.C.  § 103.                                                                                    

                                                                                                                        
              )                                                                                                          
                                   )    BOARD OF PATENT                                                                  
              EDWARD C. KIMLIN                          )      APPEALS AND                                               
              Administrative Patent Judge                  )    INTERFERENCES                                            
                                   )                                                                                     

              PL/ECK:hh                                                                                                  























Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007