Appeal No. 1999-1073
Application No. 08/819,239
obviousness. In other words, the examiner has not provided any
evidence to demonstrate that it would have been prima facie
obvious to employ the claimed polypropylene block copolymer or
polypropylene random block copolymer in the nonflammable
halogen-free composition described in Keogh. The examiner
simply has not referred to any evidence to show that it is known
to use the claimed polypropylene block copolymer or
polypropylene random block copolymer in forming a nonflammable
halogen-free composition.
Under these circumstances, we are constrained to agree with
appellant that the examiner has not established a prima facie
case of obviousness regarding the claimed subject matter within
the meaning of 35 U.S.C. § 103. Accordingly, we reverse all the
aforementioned § 103 rejections.
REVERSED
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