Appeal No. 1997-2745 Page 7
Application No. 08/212,175
least one” water soluble polar organic solvent, and dependent claim 7 mentions
ethylene glycol and propylene glycol as exemplary of those solvents.
Based on the record presented, it appears that the examiner did not fully
appreciate the relevance of Stevens’ disclosure and its applicability to applicants’
claimed invention. On return of this application to the examining corps, we recommend
that the examiner (1) engage in a claim by claim analysis, and (2) reevaluate the
patentability of applicants’ claimed composition in light of Stevens considered alone and
the foregoing remarks.
CONCLUSION
The examiner’s decision rejecting claims 2 and 4 through 21 under 35 U.S.C.
§ 103 as unpatentable over the combined disclosures of Gipp and Stevens is reversed.
On return of this application to the examining corps, we recommend that the examiner
reevaluate the patentability of applicants’ composition claims in light of Stevens
considered alone.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
Donald E. Adams )
Administrative Patent Judge )
ELD
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