Appeal No. 95-0227
Application No. 08/061,406
technical reasoning, is insufficient to establish a case for
nonenablement. Cf. Ex parte Forman, 230 USPQ 546, 547 (Bd. Pat.
App. & Int. 1986).
II.
We agree with appellants that Sterling neither anticipates
nor renders obvious the claimed subject matter. What the
examiner apparently has failed to appreciate is that the maximum
amount of polysiloxane in the Sterling composition is about 12
percent by weight; whereas present claim 1 in effect requires
that over 14 percent by weight of polysiloxane be included in the
composition at a minimum. Thus, it cannot be said that Sterling
anticipates the claimed composition.
Moreover, with regard to obviousness, the examiner has not
explained nor are we aware why it would have been obvious to
increase the percentage of polysiloxane in the Sterling
composition beyond the maximum percentage taught by Sterling.
In this regard, we have little doubt that the properties of the
Sterling composition necessary for production of medical grade
tubings (the utility taught by Sterling) would be significantly
affected by any adjustment of component proportions.
Accordingly, we see absolutely no reason why a person of
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