Appeal No. 1997-1821
Application No. 08/460,023
In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984)(substitution of similar reactants does not make the process
obvious “unless the prior art suggested the desirability of [such]
a modification”).
For the foregoing reasons, we determine that the examiner has
failed to establish a prima facie case of obviousness in view of
the reference evidence. Accordingly, the rejection of claims 1,
3-7 and 16-18 under 35 U.S.C. § 103 over Elsheikh cannot be
sustained.
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