Appeal No. 2001-0899 6
Application No. 08/799,174
Baldyga and Kashiwase in the manner described in the Answer, and the Office action
incorporated therein, the omission of a zeolite in the form of alkali metal, as required by
the claimed subject matter would result in a composition created that would, in any event,
fall short of the invention defined by the claimed subject matter, as the aforesaid claimed
subject matter requires features that cannot be achieved by combining the references.
Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1051, 5 USPQ2d 1434, 1438
(Fed. Cir.), cert. denied, 488 U.S. 825 (1988). Accordingly, the examiner has not
established a prima facie case of obviousness.
As we have determined that the examiner has not established a prima facie case of
obviousness, it is not necessary for us to consider the evidence of record submitted under
37 CFR § 1.132.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007