Appeal No. 1999-2815
Application 08/641,827
formed”. (answer, page 6). This is an incorrect interpretation
of Graham ‘651 because, in fact, Graham ‘651 does not use a
coating on a substrate. For example, Graham ‘651 discloses that
the preferred propping agent is composed of thermoplastics
reinforced with fibers. Pellets composed of fiberglass
reinforced nylon have proven particularly effective in propping
fractures. See column 4, lines 65-74.
In view of the above, we determine that the examiner has not
convincingly set forth a prima facie case. Therefore, we reverse
each of the rejections of record. We note that we need not
discuss the merits of the other reference, Hermann, because
Hermann does not cure the deficiencies found in the combination
of other references.
CONCLUSION
The decision of the examiner is reversed.
REVERSED
Terry J. Owens )
Administrative Patent Judge )
)
)
)
Paul Lieberman ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Beverly A. Pawlikowski )
Administrative Patent Judge )
BAP/cam
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