Appeal No. 1999-0097
Application No. 08/532,976
cyclohexane ring," it is well settled that the burden of
demonstrating unexpected results rests upon the party
asserting them. In re Klosak, 455 F.2d 1077, 1080, 173 USPQ
14, 16 (CCPA 1972). Furthermore, appellants have not
established on this record that the specification results
would be considered truly unexpected by one of ordinary skill
in the art. In re Merck & Co., 800 F.2d 1091, 1099, 231 USPQ
375, 381 (Fed. Cir. 1986).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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