Appeal No. 95-4203
Application 07/793,889
Bauer’s epoxy resin molecular weight touches that of appellants’ claimed lower end and
4
thus Bauer employs an epoxy resin within the scope of the claims.
Based on the foregoing, we agree with the examiner’s conclusion that one
having ordinary skill in the art would have found the claimed subject matter prima facie
obvious within the meaning of 35 U.S.C. § 103. Appellants advance no arguments with
respect to objective evidence of nonobviousness. In re Johnson, 747 F.d 1456, 1460, 223
USPQ 1260, 1263 (Fed. Cir. 1984).
In summary, the 35 U.S.C. § 112 rejection is reversed and the 35 U.S.C.
§ 103 rejection is affirmed .
4Bauer’s teaching of an epoxy resin of molecular weight of 20,000 to 60,000
is sufficiently close to a claimed molecular weight range of “greater than 60,000...” to have
rendered the claimed molecular weight prima facie obvious.
Titanium Metals Corp v. Banner, 778 F.d 775, 782-783, 227 USPQ 773, 779
(Fed. Cir. 1985).
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007