Appeal No. 1997-3886
Application No. 08/232,460
Although Fath does not exemplify argon or rare gas
mixtures, we agree with the examiner that the combination of
argon and another rare gas would have been suggested by the
rather limited disclosure of Fath. Examples in a reference
are only exemplary of the broader disclosure, all of which is
available for what it clearly teaches or suggests to one of
ordinary skill in the art. In re Widmer, 353 F.2d 752, 757,
147 USPQ 518, 523 (CCPA 1965). Accordingly, we determine that
the examiner has established a prima facie case of obviousness
in view of this reference evidence.
C. Evidence of Unexpected Results
Appellant has submitted evidence of unobvious results in
the form of a Declaration under 37 CFR § 1.132 by Kevin C.
Spencer dated Dec. 11, 1995, Paper No. 25 (hereafter the
Declaration, see the Brief, pages 6-9, and the Reply Brief,
pages 1-2).
Although the Declaration contains a great amount of data,
there is only one comparative point with the closest prior art
(i.e., Fath). Fath discloses that nitrogen monoxide or argon
is the main component in a preservative atmosphere for
12
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007