Appeal No. 1999-1951 9
Application No. 08/797,062
The examiner’s position in this respect is that, “[t]here is no showing that
Griswold’s polyether polyol used in Example 1 has an end group unsaturation higher
than [that] claimed in the instant invention.” See Answer, page 10. The burden of
proof however, is on the examiner to establish a prima facie case of obviousness with
respect to that specific limitation in the claimed subject matter. This burden has not been
met.
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