did not make a prime a face a case of obviousness second the board did not apply the correct legal standard for teaching away and third the board race new ground rejection the court should also reverse or at a minimum  from from this combination i tell me taka states that it's a identifies the problem and the prior art that recycling these in furious to the column will have a tendency to climb the col it then goes on to say it's not objective of the invention tony tack is invention to address that clogging and then finally it provides the only solution that it provides to meet that objective is to with move remove the introduced before they make into the column entirely opposite of what rover does it's entirely opposite what they claim invention us yet both of these findings were withdrawn and by the board in its decision on rehearing he's withdrawn finding for fundamental to the board's motivation to combine the references the teaching regarding tony taco was the or primary rationale for the motion for the motivation for combining twenty taka and broker this rationale is reproduced in feed seventeen of the blue brief notably the board's rationale states that the combination is quote based on this now a strong teaching the finding regarding the non preferred embodiment of broker was used by the board to find their expert testimony insufficient and to support the contention that not prefer that it's not it's certainly not sufficient to remove it just with this kind of say reflux obviously that it must be removing something because it says it's preventing that the column from clogging we don't think it's from the impurities the impurities are just not there impurities have all been removed according to the according to paragraph seventy s and says paragraph seventy seven says extract off the remaining and pursue for tainted impurities which we need going to cave that they've all been removed way because of the not teach that clogging what occurred necessarily immediately and with certainty such high standard is well beyond the legal standard expressed in this court's precedent and a few spine were referenced futures away were merely expresses concern for failure of a proposed combination other court precedents have consistently stated that of finding a future in a way that was appropriate where the reference criticized the spread of it or otherwise discourage i think your secondary argument is that they applied the wrong law but i was saying it isn't it possible that they're looking at it you're saying this is not just a criticism of you know it could be a problem with clouding your staffing it recognizes that there could be a problem but it says no way and that it has other parts in the description and where it's talking about the reference tummy tuck is talking about how these are circumstances there or there wouldn't be clocking  about that there's other circumstances where it says there's no clogging there's only one environment in tommy taka that has recycled mother liquor to the column it's only one figure t art for providing teaching about recycling mother but her this constitutes a new ground of rejection for the more the the board no longer relied on broker for teaching recycling impurities to the column but instead relied nor could we given that we don't even know the identity of the prior record she remained for the board to address this new ground of rejection here would be motivated to recycle the mother letter and that comes from the teachings of broker specifically articulating why he would want to recycle the mother liquor including getting rid of the waste stream you know would take intermediates and send them back into the oxidation tank or that sending the mother liquor back may cause some clogging and the board looked at and we consider the declarations of patent owner  crystals and as the board found i think looking at all the evidence of the record that the catalytic oxidation unit which is what pattern or said person the skill would need there is no connection between what that was doing and the crystals build up in the