Ex Parte Khan et al - Page 8

              Appeal No. 2005-2446                                                                 Page 8                
              Application No. 09/951,099                                                                                 

              appellants.  Christgau, cited by the examiner as evidence that the ß-mannanase required                    
              by claim 2, “is particularly suited as a breaker for use in guar-containing fracturing fluids”             
              (Answer, page 5), does nothing to remedy this deficiency.                                                  
                     We find that the examiner has not established a prima facie case of obviousness                     
              for the claimed invention.  Accordingly, both rejections of the claims under 35 U.S.C.                     
              § 103 are reversed.                                                                                        
                                                      REVERSED                                                           






                                   Toni R. Scheiner   )                                                                  
                                   Administrative Patent Judge )                                                         
                                                                       )                                                 
                                                                       )                                                 
                                                                       ) BOARD OF PATENT                                 
                                   Donald E. Adams   )                                                                   
                                   Administrative Patent Judge )   APPEALS AND                                           
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                                                                       ) INTERFERENCES                                   
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                                   Lora M. Green   )                                                                     
                                   Administrative Patent Judge )                                                         
















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