Appeal No. 95-0015
Application No. 07/869,694
Accordingly, use of these compounds would have been prima facie
obvious to one of ordinary skill in the art for the reasons given
above.
Appellant argues that the references would not have
suggested using the amounts of selenium and iridium recited in
appellant’s claims 13 and 14 (brief, page 8). The examiner finds
(answer, page 10) that these amounts overlap with the amounts
disclosed by Johnson. Since this finding appears to be
reasonable and has not been challenged by appellant, we accept it
as fact. See Kunzmann, 326 F.2d at 425 n.3, 140 USPQ at 236 n.3.
Thus, we conclude that the invention recited in appellant’s
claims 13 and 14 would have been prima facie obvious to one of
ordinary skill in the art. See Malagari, 499 F.2d at 1303, 182
USPQ at 553.
For the above reasons, we conclude that appellant’s claimed
invention would have been prima facie obvious to one of ordinary
skill in the art over the applied references.
Appellant argues that Figs. 1 and 2 of appellant’s
specification indicate that appellant’s invention achieves better
speed and a lower fog growth rate in the chemical ripening step
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