Appeal No. 1998-2536 Page 6
Application No. 08/710,690
the microencapsulated products of Janda wherein the core material contains at least
10% by weight of highly unsaturated fatty acid.
Accordingly, we conclude that the Examiner has not carried the burden of
establishing a prima facie case of obviousness for the inclusion of at least 10% by
weight of highly unsaturated fatty acid in the matrix material as recited in the
Appellants’ claims 1, 16 and 17. Hence, we reverse the rejection of claims 1 to 6, 16
to 18, 25 and 26.
DECISION
The rejection of claims 1 to 6, 16 to 18, 25 and 26 under 35 U.S.C. § 103(a)
as obvious over Janda is reversed.
REVERSED
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