Interference No. 103,208 Hoshino et al. v. Tanaka whatever that is, and further assuming that the improvement is with respect to all types of optical systems, it should be noted that it is only "unexpected" beneficial results which are an objective indicia of nonobviousness, see, e.g., In re Baxter Travenol Labs, 952 F.2d 388, 392, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991), In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984), and not any "expected" beneficial results. To the contrary, expected beneficial results are strong evidence of obviousness of the claimed invention, just as unexpected beneficial results are evidence of unobviousness. In re Skoll, 523 F.2d 1392, 1397, 187 USPQ 481, 484 (CCPA 1975); In re Skoner, 517 F.2d 947, 950, 186 USPQ 80, 82 (CCPA 1975); In re Gershon, 372 F.2d 535, 537, 152 USPQ 602, 604 (CCPA 1967). Mr. Utagawa’s declaration accompanying Motion H2 nowhere asserts, much less establishes or demonstrates that the so- called "substantial improvements" or mere improvements are unexpected. We decline to simply assume that the alleged improvements are or - 26 -Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 NextLast modified: November 3, 2007