Appeal No. 2005-0037
Application No. 09/790,759
manner deteriorate only to an acceptable degree, if at all, on
addition of long-chain fatty acids" (page 5 of Brief, second
paragraph).
Appealed claims 1-7 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Trinh.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
ourselves in agreement with appellants that the examiner has
failed to establish a prima facie case of obviousness for the
claimed subject matter. Accordingly, we will not sustain the
examiner's rejection.
At the outset, we do not subscribe to appellants' argument
that the claimed subject matter distinguishes over the
perfume/cyclodextrin inclusion complexes of Trinh. According to
appellants, the "filled" cyclodextrin/inclusion complexes of
Trinh do not meet the requirements of appellants' "empty"
unsubstituted cyclodextrin. However, the claims on appeal are
not limited to such "empty" unsubstituted cyclodextrins but,
rather, any unsubstituted cyclodextrin. In our view, the claims
are sufficiently broad to encompass the "filled" cyclodextrin
complexes of Trinh.
-3-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007