Appeal No. 2004-0137
Application 10/073,321
Patron discloses stabilizers for chlorinated hydrocarbons,
particularly chlorinated aliphatic hydrocarbons such as
trichloroethylene and perchloroethylene used as metal degreasing
solvents, dry-cleaning solvents and oil- and fat-extraction
solvents (col. 1, lines 18-27).
The examiner’s rejection is based upon the prima facie
obviousness, to one of ordinary skill in the art, of the
selection of a mixture of trichloroethylene and benzotrifluoride
from among Hisamoto’s disclosed solvents. Such prima facie
obviousness can be overcome by evidence of secondary
considerations such as unexpected results. See Stratoflex, Inc.
v. Aeroquip Corp., 713 F.2d 1530, 1538, 218 USPQ 871, 879 (Fed.
Cir. 1983).
The appellants state that a blend of trichloroethylene and
benzotrifluoride unexpectedly dries faster than either of its
components, and that the appellants have no explanation for this
unusual phenomenon (specification, page 2). The appellants have
provided a declaration by Edward A. Rowe, filed August 26, 2002
(paper no. 7), wherein Rowe states:
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