Ex parte SAMEER H. ELDIN et al. - Page 12

          Appeal No. 95-5080                                                           
          Application 07/952,122                                                       

          comparative and one cannot conclude that the difference in                   
          results is attributable to the addition of bisphenol A and not to            
          the absence of the hardener.                                                 
                    The showing must be commensurate with the scope of the             
          claims.  Here, the singular example does not provide an adequate             
          basis to conclude that the broad range of active hydrogen                    
          compounds claimed would behave in the same manner.  This is                  
          important, especially where as here, the prior art suggests the              
          use of amines in these systems which fall within the scope of the            
          instant claims.                                                              
                    Lastly, appellants rely on fracture toughness of the               
          cured product.  However, they fail to explain what it is, how it             
          is measured, what the desired values should be or what is                    
          significant about fracture toughness of the obtained value, etc.             
          In this regard, the patent applicant or declarant has the burden             
          of showing unexpected results, In re Klosak, supra, and the                  
          additional burden of explaining the evidence of nonobviousness               
          proffered. In re Borkowski, 505 F.2d 713, 719, 184 USPQ 29, 33               
          (CCPA 1974).  Hence, the burden is upon appellants to explain the            
          precise meaning and significance of the test data obtained, and              
          why the difference in results are in fact unexpected, unobvious              
          and of both statistical and practical significance.  We find the             


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