Appeal No. 2003-1928
Application No. 09/511,833
that wax or wax like materials are equivalent to hydroxyalkyl cellulose and polyvinyl alcohol
and are interchangeable. However, Chang discloses that binders such as hydroxyalkyl
cellulose and polyvinyl alcohol can be included in the release layer containg the wax or wax
like materials. (See col. 11).
For the foregoing reasons, and those presented in the Brief, we determine that the
Examiner’s conclusion of obviousness is not supported by facts. “Where the legal
conclusion [of obviousness] is not supported by facts it cannot stand.” In re Warner, 379
F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967). Accordingly, the Examiner’s
rejections of claims 1 to 12 under § 103 are reversed.
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