Ex Parte CALLIS et al - Page 5




          Appeal No. 96-3431                                                          
          Application No. 08/307,535                                                  


               The Miller reference is undeniably within the field of the             
          appellants' endeavor whereas the King and Norman references are             
          at least reasonably pertinent to the particular problem with                
          which the appellants were involved.  It follows that none of                
          these references can be characterized as being from a non-                  
          analogous art.  In re Wood, 599 F.2d 1032, 1036, 202 USPQ 171,              
          174 (CCPA 1979).  Moreover, we are convinced that an artisan with           
          ordinary skill would have been motivated to effect the above                
          discussed combination of the applied prior art in order to obtain           
          the oxidation-inhibiting and detergent benefits desired by Miller           
          and respectively supplied by the King and Norman additives based            
          upon a reasonable expectation of success.  In re O'Farrell, 853             
          F.2d 894, 903-04, 7 USPQ2d 1673, 1680-81 (Fed. Cir. 1988).                  
               It is the appellants' further contention that, "even if the            
          cited references did establish a prima facie case of obviousness,           
          the results in Example 6 of the present specification are clearly           
          sufficient to rebut the prima facie case" (brief, page 17).                 
          However, the data of Example 6 possess numerous deficiencies                














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