Appeal No. 2002-2333
Application No. 09/741,467
matrices of appellant are essentially the same as the processed
composition of Kuipers. This, however, the examiner has not
done. In addition, there is declaration evidence of record by
one of ordinary skill in the art which offers the opinion that
"Kuipers' product is not the same or similar to Onwulata's
[appellant's] product" (page 2 of Declaration, second paragraph).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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)
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CHUNG K. PAK ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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BEVERLY PAWLIKOWSKI )
Administrative Patent Judge )
ECK:clm
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