Appeal No. 95-0432
Application 08/002,448
wherein each R, which can be the same or different, is
an alkyl group containing 1 to 20 carbon atoms, X [sic,
"x"] is an integer ranging from 1 to 10 and y is an
integer ranging from 1 to 10.
Discussion
1. Burden of proof
In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir.
1988), instructs at 1074, 5 USPQ2d at 1598:
. . . . The PTO has the burden under section 103
to establish a prima facie case of obviousness. See
In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785,
787-87 [sic, 88] (Fed. Cir. 1984). It can satisfy this
burden only by showing some objective teaching in the
prior art or that knowledge generally available to one
of ordinary skill in the art would lead that individual
to combine the relevant teachings of the references.
2. Prior art teaching
A. Atkins
Atkins describes (Atkins, p. 3, l. 19-42):
I. A molding additive composition comprising a
mixture of a low profile additive and a surfactant
additive
containing a silicon-oxyalkylene copolymer flow control
agent and surface modifying agent. This composition may
include
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