Appeal No. 2006-1903
Application No. 10/204,306
an earlier calcining step before the green shaped article is
formed, as found in the prior art. See Moleculon Research Corp. V.
CBS, Inc., supra.
As correctly found by the examiner (Answer, pages 3-4), Grosch
discloses a titanium silicalite shaped article having the claimed
structure (Grosch, col. 2, ll. 61-64), where this article was made
from the same starting materials as claimed (a silica source, a
titania source, a template compound, and water - see Grosch, col.
2, ll. 38-46), and by the same process steps (crystallizing,
drying, preparing a formable mass including a binder and a paste-
forming agent, forming a green-shaped article, drying, and
calcining - see Grosch, col. 2, ll. 38-60, and Examples 1, 4 and 5
at cols. 4-5). Accordingly, we agree with the examiner that a
reasonable expectation has been established that the products of
Grosch would have been identical to the claimed shaped articles.
See In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657-58 (Fed.
Cir. 1990); see also In re Best, 562 F.2d 1252, 1255, 195 USPQ 430,
433 (CCPA 1977).
To rebut this presumption, appellants argue that the
comparative data of record shows that the product of Grosch is not
identical or essentially the same as the claimed product (Brief,
6
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