Appeal No. 95-0432
Application 08/002,448
to improve the flow and smooth the surface of thermoset
polyester molding compositions with a surfactant Godlewski
found comparatively nonpreferred thereto for use in filled
resins, most especially thermoplastic resins, for improving
their impact resistance and tensile strength. In view of the
combined prior art teachings, we find no motivation for
persons having ordinary skill in the art to make the proposed
substitution. Rather, it is our view that the examiner’s
holding of unpatentablity of the subject matter claimed in
this case is based more on the hindsight of appellants’
disclosure than on the combined teachings of Atkins and
Godlewski. We remind the examiner that references must be
considered not only for what they expressly teach, but also
for what they fairly suggest. In re Burckel,
592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979).
- 9 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007