Appeal 2007-4316
Application 09/911,268
FURTHER ORDERED that that the rejection of claims 1–17
under 35 U.S.C. § 103(a) in view of the combined teachings of Eckel 930
and Castelnuovo is REVERSED.
REVERSED
SCHAFER, Administrative Patent Judge, dissenting.
I would affirm the rejections.
Applicants have failed to show that the specific compositions relied
upon by the examiner do not have less than 1% IPP. The fact that the
reference is silent on the presence of IPP provides a sufficient basis to place
on applicants the burden of presenting evidence that the relevant Eckels 930
compositions had 1% or more IPP .
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