Appeal No. 2006-1061
Application No. 09/505,713
CITED PRIOR ART
As evidence of unpatentability, the Examiner relies on the following
references:
Breitler et al. (Breitler) 5,589,275 Dec. 31, 1996
Muggli2 5,968,663 Oct. 19, 1999
Ullmann’s Encyclopedia of Industrial Chemistry, 1998 VCH, vol. A11, pp. 85,
86, 93, 105 and 108-108. (Ullmann)
The Examiner entered the following rejections:
(I). Claims 38-43 stand rejected under 35 U.S.C. § 102 (b) as anticipated
by Breitler. (Answer, pp. 3-4).
(II). Claims 38-53 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Breitler and Ullmann. (Answer,
pp. 4-6).
We have carefully reviewed the claims, specification and applied
prior art, including all of the arguments advanced by both the Examiner
and Appellants in support of their respective positions. This review leads us
to conclude that the Examiner’s § 102 rejection is not well founded
however, the § 103 rejection is well founded. Our reasons follow.
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