Appeal No. 2003-0754
Application No. 09/553,630
1986). Here, the examiner has not met this burden.
Because the examiner has not shown that the allegedly
inherent characteristic (the alkyl tin oxide is dissolved with
an organic or inorganic acid prior to incorporation in the
coding composition) necessarily flows from the teachings of
Büttner, and because the secondary references do not cure this
deficiency in Büttner, we reverse both the anticipation
rejection and the 35 U.S.C. § 103 rejection.
We observe that appellants discuss a 37 CFR § 1.132
declaration. However, because a prima facie case has not been
established, it is not necessary to review such rebuttal
evidence.
In view of the above, we reverse each of the rejections.
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