Ex Parte Kutilek et al - Page 10

                Appeal 2007-4227                                                                             
                Application 10/409,417                                                                       
                48. In the case of the deposition temperature and the heat treatment                         
                temperature, the Examiner finds that the untaught parameter is a "cause-                     
                effective variable," the optimization of which would have been obvious.                      
                (Answer at 4.)                                                                               
                49. In the case of the crystal forms, the Examiner finds that it would have                  
                been obvious to use monoclinic titania in Chopin's mixtures of crystals with                 
                the expectation of successful results.  (Answer at 4.)                                       
                50. Kutilek acknowledges the Examiner's findings of fact.  (Br. at 4, third                  
                paragraph.)                                                                                  
                51. Kutilek repeats its argument that Chopin does not anticipate the                         
                subject matter of claim 1, finding that "there is nothing in Chopin that                     
                discloses or teaches, either implicitly or explicitly, the present invention                 
                recited in claim 1 as further limited by claims 7, 8, 10–12, 15, 26 and 27."                 
                (Br. at 4–5.)                                                                                
                52. Kutilek finds further that "there is no teaching of the heating                          
                temperature, specific dopants and crystal structures as recited in claim 7, 8,               
                10–12, 15, 26 and 27."  (Br. at 5, last paragraph.)                                          
                53. Kutilek concludes that "one of ordinary skill in the art would not be                    
                led to the present invention from the teachings of Chopin."  (Br. at 5, last                 
                paragraph.)                                                                                  
                54. Kutilek makes no other argument; in particular, Kutilek does not offer                   
                any other explanation of why the Examiner's optimization of "cause-                          
                effective" variables argument is reversible error.                                           



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