Appeal 2006-3191
Application 10/397,765
For the foregoing reasons, as well as those stated in the Brief and
Reply Brief, we determine that the Examiner has failed to establish a prima
facie case of obviousness in view of Durden. We note that Muller was only
applied by the Examiner to show the well-known anilide pesticides of claims
2-4 and 15 (Answer 5). Therefore, Muller does not remedy the deficiencies
in the rejection as discussed above. Accordingly, we cannot sustain either
rejection on appeal.
The decision of the Examiner is reversed.
REVERSED
clj
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