Appeal No. 1999-2229
Application No. 08/832,167
includes a number of base-catalyzed reactions which yield the compositions under
review having low levels of alkoxylated unsaturates as required by appealed
independent claim 13. To this extent, the evidence proffered by the appellants vitiates
their position that base-catalyzed reactions inherently and inevitably produce these
unsaturates at quantities higher than permitted by the claim under consideration.1
Under the circumstances recounted above, it is our ultimate determination that
the appellants have failed to carry their burden of proving that the respective
compositions of Manary and Polss do not actually possess the low-impurity
characteristic of the here claimed compositions. In re Best, 562 at 1255, 195 USPQ at
433-34. It follows that we will sustain each of the § 103 rejections advanced by the
examiner on this appeal.
The decision of the examiner is affirmed.
1 Indeed, a number of the references attached to the appellants’ Brief may anticipate or render
obvious compositions of the type defined by appealed claim 13. This possibility should be considered by the
appellants and the examiner in any further prosecution that may occur.
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