Appeal 207-1263
Application 10/480,198
201 USPQ 67, 71 (CCPA 1979). Appellants comparative data must also
be commensurate in scope with the subject matter sought to be claimed.
See In re Payne, 606 F.2d 303, 315-16, 203 USPQ 245, 256 (CCPA 1979).
Generally, the discovery of optimum values of a result-effective variable is
within the ordinary skill in the art. In re Aller, 220 F.2d 454, 456,
105 USPQ 233, 235 (CCPA 1955); and In re Boesch, 617 F.2d 272, 276,
205 USPQ 215, 219 (CCPA 1980).
Applying the preceding legal principles to the factual findings in the
record of this appeal, we determine that the Examiner has established a
prima facie case of anticipation and obviousness in view of the reference
evidence. Based on the totality of the record, including evidence for and
against obviousness, we determine that Appellants’ showing of unexpected
results and arguments are not sufficient to overcome the Examiner’s prima
facie case of anticipation and obviousness for reasons discussed in the
Answer and below. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992).
As shown by factual finding (1) listed above, we determine that
Fukui, Fujii, and Kojima disclose a non-reducing dielectric ceramic
comprising a perovskite principal phase containing amounts of each
element in ranges the same or overlapping those recited in the claims on
appeal, including amounts of accessory or auxiliary phases (e.g., see claims
13 and 14 on appeal). Accordingly, we determine that the references
disclose the same starting materials in the same amounts as Appellants
employ, while forming the ceramic by a substantially similar process.
Thus, we determine that the Examiner has established a reasonable basis
for believing that the products of the applied references are the same or
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