Ex Parte LEPORE et al - Page 5

          Appeal No. 2001-1720                                                        
          Application No. 08/821,869                                                  


          contemplated by the appellants at page 4 of the specification.3             
               The examiner has cited the remaining references, namely                
          Shanbrom, Vallieres, and Rackur for claim elements unrelated to             
          the “gelling agent.”  Accordingly, these other references do not            
          cure the fundamental deficiency of the examiner’s position.                 
               For these reasons, we hold that the examiner has failed to             
          establish a prima facie case of obviousness against any of the              
          appealed claims.                                                            
               The decision of the examiner is reversed.                              
                                      REVERSED                                        



                         Terry J. Owens                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF                     
                                                  PATENT                              
                         Romulo H. Delmendo            )                              
                         Administrative Patent Judge   ) APPEALS AND                  
                                                       )                              











Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November  3, 2007