Ex parte BENTON et al. - Page 7




          Appeal No. 1999-1267                                                        
          Application No. 08/755,150                                                  


               In light of the foregoing, it is our determination that                
          the reference evidence adduced by the examiner fails to                     
          establish a prima facie case of obviousness with respect to                 
          the appellants’ claimed method which employs pH values of the               
          type discussed above.  For this reason alone, we cannot                     
          sustain the Section                                                         
          103 rejection before us on this appeal.                                     
               The decision of the examiner is reversed.                              


                                      REVERSED                                        




          BRADLEY R. GARRIS            )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    THOMAS A. WALTZ              )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    PETER F. KRATZ               )                                    
                    Administrative Patent Judge  )                                    


          BRG:hh                                                                      

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