Appeal No. 2003-1960
Application No. 09/830,841
examiner has not met the initial burden necessary to establish a
prima facie case of anticipation, we reverse the rejection on
appeal. However, we also remand this application to the
jurisdiction of the examiner for further action consistent with our
remarks below.
OPINION
The examiner finds that Renzi discloses liquid glass forming
compositions made from the reaction of diallyl carbonate and a diol
mixture (Paper No. 7, page 2). The following factual findings are
not disputed:
(1) Renzi discloses that the molar ratio (A)/(B+C) is equal to
or larger than 3/1, preferably 3/1 to 12/1 (Paper No. 7, page 2;
Brief, page 5; Answer, pages 4-5; Renzi, col. 1, l. 68-col. 2, l.
9);
(2) Renzi discloses an amount of (C) in the (B+C) mixture is
equal to or lower than 70% by weight, preferably from 20 to 60% by
weight (id.);
(3) claim 1 on appeal requires that the molar ratio (A)/(B+C)
is from 2.5/1 to 4/1 (Paper No. 7; see claim 1 on appeal);
(4) claim 1 on appeal requires that the amount of (C) in the
(B+C) mixture range from 5 to 20% by weight (id.);
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