Appeal No. 1999-1400
Application No. 08/849,211
practicing the invention described in the parent application
(sentence bridging pages 4 and 5 of Answer), appellants have
shown in their Reply Brief that the Reierson invention does not
necessarily, or inherently, obtain products wherein the
residual alcohol and phosphoric acid are individually each less
than 6%. See pages 3 and 4 of appellants' Reply Brief.
Inasmuch as it is our judgment that Reierson is not an
effective reference under 35 U.S.C. § 102(e)/103 against the
presently claimed invention, we cannot sustain the examiner's
rejections.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
TEDDY S. GRON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
ECK:clm
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