Appeal No. 1996-2901
Application No. 08/072,879
gases in their container are flushed out with a gas containing
carbon dioxide to the extent that the carbon dioxide content
of the container is at least 20% with the remaining atmosphere
containing less than about 17% oxygen (specification, page 5,
ll. 8-13; see claims 18-20 on appeal). Nakamura specifically
discloses that a container with an atmosphere of 80% nitrogen
and 20% carbon dioxide gave extremely poor results (see Table
12, last two entries). See In re Gurley, 27 F.3d 551, 553, 31
USPQ2d 1130, 1132 (Fed. Cir. 1994).
For the foregoing reasons, we find no factual basis for
the examiner’s conclusion of obviousness and, in fact,
determine that Nakamura teaches away from using carbon dioxide
gas flushing of the container. Gammill has been cited by the
examiner to show the use of silica/silica gel as a desiccant
equivalent to the activated alumina/carbon of Nakamura
(Answer, pages 5-6). Therefore, Gammill does not remedy the
deficiencies noted above in the reference evidence to
Nakamura. Accordingly, we determine that the examiner has not
established a prima facie case of obviousness in view of the
reference evidence and we reverse the rejection of the claims
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007