Appeal No. 94-3134
Application 07/848,884
glyoxal produced very thick or thick gels at 200EF for the
first nineteen days of aging time, and it is disclosed in
Example V that the formaldehyde-precursor 1,3,5-trioxane
“produces gels with measurable tongue lengths [albeit] only
after a long period of time” and that “this system might have
limited application at 200EF” (specification, page 21).
Finally, the appellant’s unexpected-results position is
undermined by the fact that the claims being reviewed are so
broad as to include the furan derivatives of Moradi-Araghi and
the gel-forming conditions of specification Examples IV and V.
In re Dill, 604 F.2d 1356, 1361, 202 USPQ 805, 808 (CCPA 1979)
(evidence to rebut prima facie case of obviousness must be
commensurate in scope with claims).
In light of the foregoing, we consider that the evidence
of record on balance weighs most heavily in favor of an
obviousness conclusion. We shall, therefore, sustain the
examiner’s § 103 rejection of claims 1 through 22, 25, 27 and
28 as being unpatentable over Moradi-Araghi in view of
Mumallah.
The decision of the examiner is affirmed-in-part.
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