Appeal No. 2001-0965
Application 08/751,035
pertains to Blum’s process wherein the particles have Blum’s
particle size. The examiner has not provided evidence or
technical reasoning which shows that one of ordinary skill in the
art would have considered this teaching to apply to a process
wherein the particles have the appellants’ particle size.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the invention recited in any of the appellants’
claims.
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