Appeal 2007-0693
Application 10/188,519
1 We have considered this evidence but do not find it outweighs the
2 evidence of obviousness. Table 17 includes data for four classes of batteries
3 (D1-D4) in which the ethylene-propylene content of the binder polymer is
4 varied (60%, 70%, 80%, 95%, and 98%) and the corresponding discharge
5 capacities and electrode strengths are determined. The D1 binder is said to
6 be an ethylene-propylene-acrylic acid terpolymer, the D2 binder is said to be
7 an ethylene-propylene-methyl acrylic acid terpolymer, the D3 binder is said
8 to be an ethylene-propylene-methacrylic acid terpolymer, and the D4 binder
9 is said to be an ethylene-propylene-methyl methacrylic acid terpolymer.
10 (Br. 14; Examples 14-17 of the Specification.)
11 The alleged criticality of the 70% lower limit for the ethylene-
12 propylene content is irrelevant because Boer teaches at least 80% by weight
13 for the mixture of hydrocarbon olefin group-containing monomers when
14 they are interpolymerized with another olefinic group containing monomer
15 such as acrylic acid. (Col. 5: 10-18.) As to the recited 95% by weight
16 ethylene-propylene content upper limit, the electrode strengths are alleged to
17 be “2” at 95% by weight and “1” at 98% by weight for batteries D1 and D4.
18 Appellants have not directed us to any evidence establishing that a person
19 having ordinary skill in the art would have considered a difference of “2”
20 versus “1” to be unexpected, especially where no explanation is given as to
21 how the value of “2” or “1” is determined. In this regard, it is not enough to
22 merely establish a difference in results – the results must be shown to be
23 unexpected to a person having ordinary skill in the art. In re Harris, 409
2001)(explaining that the parties are responsible for providing all relevant
arguments and pointing out with specificity the relevant support for their
arguments); 37 CFR § 41.37(c)(vii).
19
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