Ex Parte Torbus et al - Page 31




         Appeal No. 2002-2063                                                       
         Application No. 09/635,093                                                 
         the presence of zinc ions and zinc acetate, respectively.                  
              We agree.  The examiner has not established where these               
         limitations are found within Furness.  Our own scrutiny of the             
         Furness reference has failed to discern these claimed requirements         
         (zinc ions and zinc acetate).                                              
              Accordingly, as the examiner has failed to establish a prima          
         facie case of obviousness vis-à-vis these two claims, we reverse           
         this portion of the rejection as it applies to claims 26 and 27.           


                                 Summary of Decision                                
              The rejection of claims 12-25 and 28-29 under 35 U.S.C. §             
         103(a) over Furness is sustained.                                          
              The rejection of claims 26-27 under 35 U.S.C. § 103(a) over           
         Furness is reversed.                                                       
















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