Appeal No. 2000-0827
Application 08/466,104
microbubbles. Four of them are named in the Brief (p. 13)."
Reply brief at 5, l. 8. The brief, in addition to citing the EPO
paragraph, cites: (1) suspensions of crystals which contain or
generate microbubbles (Specification at 15, ll. 1-12);
(2) Albunex microspheres containing microbubbles ( id. at 12, ll.
19-23); and (3) aqueous suspensions of liposomes containing gases
or gas precursors (id. at 15, l. 34 to p. 15, l. 14).
Consequently, combining the allegedly suitable "existing
techniques" identified by the examiner and Appellant yields only
six such techniques, far short of the "at least eleven" figure
asserted by the examiner.
To summarize, the examiner has not sustained his burden of
proof to establish that the written description does not provide
sufficient "blaze marks" to lead a person skilled in the art to
the subject matter of claims 48-56.
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