Appeal No. 97-1107 Page 10
Application No. 08/047,512
We also point out that appellant is not alleging that the declarations show any unexpected
results. Instead, the declarations state that the data shows optimum results and alleges that the invention
fulfills a long-felt need. We note that establishing a long-felt need requires a showing that there was a
problem recognized by others in the art that persisted for a long period of time and for which there was
no solution. In re Gershon, 372 F.2d 535, 538, 152 USPQ 602, 605 (CCPA 1967). Appellant
presents no objective evidence that others recognized a problem and could not find a solution. The
evidence submitted in the declarations instead tends to show that the appellant recognized a problem
which he himself solved. Such a showing does not suffice as evidence of a long felt need. Id. 372
F.2d at 538, 152 USPQ at 605.
As to the optimization of results, a patent will not be granted based upon the optimization of
result effective variables when the optimization is obtained through routine experimentation. In re Aller,
220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Here, Barnes and Rossiter both suggest
changing the shape of the cell based upon the configuration of the beam used to minimize cell volume
(Barnes, page 7, lines 18-19), reduce the sample quantity and ensure that the gas is almost completely
confined to the optical path (Rossiter, col. 3, lines 34-41). Therefore, the cell shape is a result effective
variable. Optimizing the shape to confine the gas to the beam and reduce the quantity of gas required
and reduce cell volume would be a matter of routine experimentation.
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