Appeal No. 95-4830
Application 07/899,361
426.
Appellants argue that In re Carabateas, 357 F.2d 998, 149
USPQ 44 (CCPA 1966), indicates that a claimed reverse ester
can be found nonobvious (brief, page 7). Based on the
particular facts in Carabateas, the court found that the
evidence was sufficient to show unexpected results. See
Carabateas, 357 F.2d at 1000-01, 149 USPQ at 46. In the
present case, however, as discussed above, the evidence is
insufficient for showing unexpected results.
For the above reasons, we conclude, based on the
preponderance of the evidence and argument in the record, that
appellants’ claimed invention would have been obvious to one
of ordinary skill in the art within the meaning of 35 U.S.C.
§ 103.
DECISION
The rejection of claims 1 and 2 under 35 U.S.C. § 103 as
being unpatentable over Suzuki is reversed. A new ground of
rejection has been entered under the provisions of 37 CFR
§ 1.196(b).
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