Appeal No. 2002-0196
Application No. 08/952,913
(agglomerated) particles, each made up of primary particles"
(page 2 of Declaration, paragraph (f)).
Also, we find it not insignificant that the example of Tsao
is directed to forming nickel carbonate, not cobalt carbonate,
and the present specification explains that it was known in the
art that the formation of nickel carbonate spheroidal particles
was not problematic.
In conclusion, based on the foregoing, inasmuch as the
examiner has not made out a prima facie case of anticipation/
obviousness under § 102/§ 103, we will not sustain the examiner's
rejection.
The decision of the examiner is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
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JEFFREY T. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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JAMES T. MOORE )
Administrative Patent Judge )
ECK:clm
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