Appeal No. 94-4145
Application No. 07/882,252
under windy conditions due to their weight. See In re Ludwig,
353 F.2d 241, 244, 147 USPQ 420, 421 (CCPA 1965). Increasing
the weight of solid powders by making them dense, i.e.,
providing them in the form of granules, for the purposes of
improving the handling of the insecticide composition
described by Yukikazu would have been within the level of one
of ordinary skill in the art. See In re Sovish, 769 F.2d 738,
743, 226 USPQ 771, 774 (Fed. Cir. 1985).
Appellants refer to the showings in the Ogawa
declarations filed under 37 CFR § 1.132 and the examples at
pages 28-29 of the specification, which are supposedly
directed to a comparison between the claimed subject matter
and the closest prior art. See Brief, page 5, and Reply
Brief, page 2. According to appellants, the showings
demonstrate that the claimed granulates have better solubility
and suspension properties. See Brief, page 5. It appears
that appellants are relying on the showings to establish that
the claimed subject matter imparts unexpected properties over
that described in the closest prior art.
In assessing the sufficiency of the showings in the
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