Ex Parte KRASKA et al - Page 5

               Appeal No. 2002-2131                                                                                                   
               Application 09/009,597                                                                                                 

               use paraffinic oil as a softening agent in Abele’s photopolymerizable composition.  Indeed, the                        
               examiner’s observation that there is some structural similarity between the copolymers of Abele                        
               and Akiyama and the common desire for flexibility, establishes only that it would have been                            
               “obvious to try” paraffinic oils in the composition of Abele, which is an impermissible standard                       
               for determining patentability under 35 U.S.C. § 103(a).  See generally, In re O’Farrell, 853 F.2d                      
               894, 903-04, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988).                                                                     
                       The examiner’s decision is reversed.                                                                           
                                                              Reversed                                                                









                                       EDWARD C. KIMLIN                               )                                               
                                       Administrative Patent Judge                    )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                       CHARLES F. WARREN                              )   BOARD OF PATENT                             
                                       Administrative Patent Judge                    )        APPEALS AND                            
                                                                                      )      INTERFERENCES                            
                                                                                      )                                               
                                                                                      )                                               
                                       JAMES T. MOORE                                 )                                               
                                       Administrative Patent Judge                    )                                               








               E. I. Du Pont De Nemours and Company                                                                                   

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