Appeal 2006-2692
Application 10/480,360
property to one of ordinary skill in this art simply on the basis of similarity
of processing steps between the claimed and reference methods alone. We
agree with Appellants that the Examiner has not carried this burden. Indeed,
as Appellants argue, one of ordinary skill in the chemical arts would have
recognized that “polyethylene” is a generic term encompassing a large group
of semicrystalline polymers and is not indicative of any particular property
or properties that may be possessed by any member of the group.1
Accordingly, in the absence of a prima facie case of anticipation and
of obviousness, we reverse the grounds of rejection under 35 U.S.C. §§
102(b) and 103(a).
The Primary Examiner’s decision is reversed.
REVERSED
sld/ls
Phillips Electronics North America Corporation
Corporate Patent Counsel
P.O. Box 3001
Briarcliff Manor, NY 10510
1 See, e.g., Yury V. Kissin, “Polyethylene,” Kirk-Othmer Encyclopedia of
Chemical Technology, 17, 702-05 (4th ed., New York, John Wiley & Sons,
1996).
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