Appeal No. 95-0192
Application No. 07/914,228
In re Greenfield, 571 F.2d 1185, 1189, 197 USPQ 227, 230 (CCPA
1978). While the showing in the Dueber declaration is limited
to a mixture containing specific amounts of a specific
polyisocyanate, a specific flame retardant and a specific
polyurea, the appealed claims are not so limited. The
appealed claims include multifarious mixtures containing
varying amounts (including inert amounts) of chemically
different polyisocyanates, polyureas and flame retardants.
Appellants, however, have not offered any evidence to support
the conclusion that the demonstrated results based on a single
mixture can reasonably be extrapolated to the plethora of
multifarious mixtures embraced by the appealed claims.
Thus, having considered all of the evidence of record, it
is our determination that the evidence of obviousness
proffered by the examiner, on balance, outweighs the evidence
of nonobviousness offered by appellants. Hence, we agree with
the examiner that the claimed subject matter as a whole would
have been obvious to one of ordinary skill in the art.
Accordingly, we affirm the examiner’s decision to reject
claims 1 through 11 under 35 U.S.C. § 103.
The decision of the examiner is affirmed.
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