Appeal No. 2005-2567
Application 10/032,606
by the terms of the appealed claims was reasonable.”); see also In re Spada, 911 F.2d 705, 708-
09, 15 USPQ2d 1655, 1657-58 (Fed. Cir. 1990) (“The Board held that the compositions claimed
by Spada ‘appear to be identical’ to those described by Smith. While Spada criticizes the usage
of the word ‘appear,’ we think that it was reasonable for the PTO to infer that the polymerization
by both Smith and Spada of identical monomers, employing the same or similar polymerization
techniques, would produce polymers having the identical composition.”).
Accordingly, on this record, we reverse the grounds of rejection of appealed claim 2.
The examiner’s decision is reversed.
Reversed
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