Appeal No. 2001-1151 Page 5
Application No. 08/605,651
above-noted deficiency, i.e., the improper combination of Murphy and Morehouse.
Accordingly, we reverse both section 103 rejections on appeal.1
The examiner’s decision is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Toni R. Scheiner )
Administrative Patent Judge )
ELD
1 In the text, we have focused attention on independent claim 3 because Murphy discloses every feature
of the subject matter sought to be patented in claim 3 except for one claim limitation. Independent claims
1 and 29 include that same limitation, and differ from Murphy additionally in view of the recitation “wherein
at least about 10 weight percent of the encapsulated particles have a core content of both bicarbonate
and fragrance crystallites.” A fortiori, the section 103 rejection of all claims on appeal must fall in view of
the improper combination of Murphy and Morehouse.
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007