Ex Parte FULLER et al - Page 7

          Appeal No. 2002-1097                                                        
          Application 09/382,613                                                      



                    For the foregoing reasons and those stated in the                 
          Brief, we determine that the examiner has failed to establish a             
          prima facie case of obviousness in view of the reference                    
          evidence.  Accordingly, we cannot sustain the examiner’s                    
          rejection based on 35 U.S.C. § 103(a).                                      
                    The decision of the examiner is reversed.                         
          REVERSED                                                                    


                                                                                     
                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES F. WARREN             )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )                              

          TAW:psb                                                                     



               1(...continued)                                                        
          magnesium carbonate (id., p. 602).  The definition of alumina (aluminum oxide) fails to include
          any use as an ion exchange material (see The Merck Index, 12th ed., p. 63, Merck & Co., Inc.,
          1996).                                                                      
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