Appeal No. 1996-2572
Application No. 08/192,077
we note that Detlefsen clearly indicates that ester functional
curing agents for resoles provide “accelerated curing”. See
column 3, lines 39-43 of this reference. Thus, we agree with
the examiner that appellants have failed to meet their burden
of demonstrating that the achieved results demonstrated by
example 8 of the specification would have been considered
unexpected by a person of ordinary skill in this art.
Moreover, as observed by the examiner, no claim on appeal is
reasonably commensurate in scope with the limited showing of
example 8. On balance, we find that the evidence of
obviousness for the subject matter defined by the appealed
composition claims 23-27 outweighs the evidence of
nonobviousness for this subject matter. We, therefore, agree
with the examiner’s ultimate legal conclusion that this
subject matter would have been obvious within the meaning of
35 U.S.C.
§ 103. We thus affirm the examiner’s rejections of appealed
claims 23-27.
The decision of the examiner is affirmed-in-part.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
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