Appeal No. 2001-1873
Application 08/261,863
fatty acid from the crude soapstock by contacting the crude
soapstock with an inorganic base (col. 1, line 63 - col. 2,
line 7). The disclosed inorganic bases including potassium
hydroxide (col. 3, lines 45-51).
The examiner’s entire explanation of the rejection is the
following (answer, pages 3-4): “Red et al. discloses a process in
which a[n] oil-based soapstock is reacted with a caustic to
produce a refined produce [sic, product]. Listed in col 3,
line[s] 45-51 are applicable bases that can be used in which
potassium hydroxide is one. The process includes numerous
washing[s] as shown in the drawing.”
The examiner has the initial burden of establishing a prima
facie case of anticipation by pointing out where all of the claim
limitations appear in a single reference. See In re Spada, 911
F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990); In re King,
801 F.2d 1324, 1327, 231 USPQ 136, 138-39 (Fed. Cir. 1986).
The examiner has not pointed out where Red discloses mixing
crude agricultural oil with potassium hydroxide. What Red
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