Ex parte MORADI-ARAGHI - Page 7




          Appeal No. 94-3134                                                          
          Application 07/848,884                                                      


          glyoxal produced very thick or thick gels at 200EF for the                  
          first nineteen days of aging time, and it is disclosed in                   
          Example V that the formaldehyde-precursor 1,3,5-trioxane                    
          “produces gels with measurable tongue lengths [albeit] only                 
          after a long period of time” and that “this system might have               
          limited application at 200EF” (specification, page 21).                     
          Finally, the appellant’s unexpected-results position is                     
          undermined by the fact that the claims being reviewed are so                
          broad as to include the furan derivatives of Moradi-Araghi and              
          the gel-forming conditions of specification Examples IV and V.              
          In re Dill, 604 F.2d 1356, 1361, 202 USPQ 805, 808 (CCPA 1979)              
          (evidence to rebut prima facie case of obviousness must be                  
          commensurate in scope with claims).                                         
               In light of the foregoing, we consider that the evidence               
          of record on balance weighs most heavily in favor of an                     
          obviousness conclusion.  We shall, therefore, sustain the                   
          examiner’s  103 rejection of claims 1 through 22, 25, 27 and               
          28 as being unpatentable over Moradi-Araghi in view of                      
          Mumallah.                                                                   
               The decision of the examiner is affirmed-in-part.                      


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