Appeal No. 1997-3169
Application 08/211,791
F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
Appellants argue that in the Brückner declaration a
temperature of 600°C was applied to the comparative pigments to
test them for heat resistance, and that this temperature was not
the temperature used in preparing the pigments (request, page 2).
The comparative pigments prepared according to Clarke’s method,
appellants argue, exhibit inferior heat resistance compared to
appellants’ pigments. See id. Clarke teaches that good results
generally may be obtained by heating the pigment to 450°C, or a
higher temperature if desired, when dehydrating it during its
preparation, and that the pigment so prepared has good heat
resistance (col. 7, lines 51-55). The Brückner declaration shows
(figure 1) that the comparative pigment made according to
Clarke’s method lost luster and delaminated when it was heated to
600°C, whereas appellants’ pigment, when heated to 850°C
(figures 2 and 3), had an excellent luster and did not
delaminate.
Even if the declaration shows a significant difference
between the heat resistances of the tested pigments, the
declaration is not sufficient for overcoming the prima facie case
of obviousness because, first, as stated in our decision
(page 6), the thicknesses of the layers are not disclosed and,
-3-3
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007