Appeal No. 2000-2177 3
Application No. 08/912,229
and X indicates an oxygen atom or a hydroxyl group and said aromatic or non-
aromatic ring may have substituents R3, R4, R5 and R6 wherein each represents a
hydrogen atom, an alkyl group, an hydroxyl group, an alkoxy group, a carboxyl
group, an alkoxy carbonyl group, a acyl group, a nitro group, a cyano group, an
amino group, or a halogen atom.
THE REFERENCE OF RECORD
As evidence of obviousness, the examiner relies upon the following reference:
Ishii et al. (Ishii) 08-38909 Feb. 13, 1996
(published Japanese Patent Application)
THE REJECTION
Claims 1 through 20 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ishii.1
OPINION
We have carefully considered all of the arguments advanced by the appellant and
the examiner, and agree with the appellant that the rejection of claims 1 through 20 over
Ishii is not well founded. Accordingly, we reverse this rejection.
The Rejection Under Section 103(a)
"[T]he examiner bears the initial burden, on review of the prior art or on any other
ground, of presenting a prima facie case of unpatentability." See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). The examiner relies upon a
1We rely on the English language translation of record.
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