Appeal 2007-4099
Application 09/962,935
Fig. 1 graphically illustrates the adsorption of acetaldehyde on
powder and palletized samples of AP-MgO. Over a period of
twenty hours, the efficiency of adsorption on the two samples
was very similar.
We find that Klabunde as a whole teaches that it is desirable to pelletize the
composition of the type discussed in Benjamin. In addition, we find that
Klabunde teaches such pellets are useful in the liquid environment (col. 3, ll.
19-25). Nothing in Utamapanya relied upon by the Appellants contradicts
Klabunde’s teaching relating to the desirability of pelletizing the material of
the type discussed in Benjamin. Consequently, we determine that the
Examiner has established a prima facie case of obviousness.
As a rebuttal to the prima facie case, the Appellant has again referred
to the same evidence discussed above. For the factual findings set forth
above and in the Answer, we are not convinced that the Appellant has
demonstrated that the claimed subject matter as a whole imparts unexpected
results.
Accordingly, based on the factual findings set forth in the Answer and
above, we determine that the preponderance of evidence weighs most
heavily in favor of obviousness of the subject matter recited in claims 5 and
6 within the meaning of 35 U.S.C. § 103.
ORDER
In view of the forgoing, the decision of the Examiner is
affirmed.
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