Appeal No. 2005-1247 Application No. 09/963,423 Page 11 present in the dispersions of the applied references, absent concrete evidence establishing the obtention of a solid product having particles of such sizes in the applied references, does not support a finding of anticipation. On this record, we reverse the examiner’s § 102 rejection. § 103(a) Rejection Concerning the examiner’s § 103(a) rejection of dependent claim 21, the examiner does not offer any further analysis of the contested claimed particle size limitation explaining how Lange in combination with any of the Reiff patents would have rendered the claimed solid product including the particle size limitation obvious to one of ordinary skill in the art. It follows that we shall also reverse the examiner’s obviousness rejection, on this record.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007