Appeal 2007- 2552
Application 10/276,428
non-obviousness must be commensurate in scope with the claims which the
evidence is offered to support." In re Greenfield, 571 F.2d 1185, 1189, 197
USPQ 227, 230 (CCPA 1978). Here, the evidence is not commensurate in
scope with claim 1.
III. CONCLUSION
We determine that the emulsion composition of Amalric anticipates or
renders obvious the one-phase microemulsion composition of the claims.
Appellants have neither shown that the Examiner reversibly erred in
rejecting the claims nor overcome the rejection with evidence showing the
composition is patentably different.
IV. DECISION
The decision of the Examiner is affirmed.
V. TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal maybe extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED
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