Appeal No. 95-5126
Application No. 08/045,675
Joy Technologies Inc. v. Manbeck, 751 F.Supp. 225, 231, 17
USPQ2d 1257, 1260-61 (D.D.C. 1990), aff’d, 959 F.2d 226, 22
USPQ2d 1153, 1156 (Fed. Cir. 1992). Here again appellants
fail to meet their burden of demonstrating the requisite
nexus.
Having considered all of the evidence of record, we
conclude that, on balance, the evidence of obviousness
regarding the subject matter of claim 14 outweighs the
evidence of nonobviousness proffered by appellants.
Accordingly, we affirm the examiner’s decision rejecting
claims 14 through 21 under
35 U.S.C. § 103.
CLAIMS 1 THROUGH 13, 22 AND 23
Claims 1 through 13, 22 and 23, however, are on a
different footing. These claims require, inter alia, that the
weight ratio of a 3-hydrocarbyl-2, 5-diketopyrrolidine to a
dimethyl ester
of an aliphatic phosphonic acid be at least 3:1. See claims 1
and 22. This ratio is said to render the claimed composition
homogeneous at a very low winter-like temperature. See claims
14
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