Appeal No. 95-4984
Application No. 08/038,369
time and temperature values for the specific metal utilized in
a coating process of the type claimed. In re Boesch, 617 F.2d
272, 276, 205 USPQ 215, 219 (CCPA 1980). As noted by the
examiner, appellants have not made of record any objective
evidence of unexpected results that serves to rebut the
obviousness of the claimed process. In re Merck & Co., 800
F.2d 1091, 1099, 231 USPQ 375, 381 (Fed. Cir. 1986); In re
Klosak,
455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972). While
appellants assert at page 21 of the principal brief that
"appealed claim 15 satisfies a long-recognized need of the
United States Government," appellants have not met their
burden of presenting objective evidence that factually
establishes (1) the existence of any such long-felt need and
(2) the requisite nexus between the satisfaction of the need
and processes within the scope of the appealed claims.
In conclusion, the examiner's rejection of the appealed
claim under 35 U.S.C. § 112, first paragraph, is reversed.
However, based on the foregoing and the reasons well-stated by
the examiner, the examiner's rejection of the appealed claim
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