Appeal No. 94-4357
Application No. 07/739,050
page 9), it establishes that the claimed subject matter
imparts unexpected results. Having reviewed the showing in
the declaration, we agree with the examiner that appellants
have not met their burden of showing unexpected results. See
In re Geisler, 116 F.3d 1465, 1469-70, 43 USPQ2d 1362, 1365
(Fed. Cir. 1997); In re Klosak,
455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972); In re Heyna,
360 F.2d 222, 228, 149 USPQ 692, 697 (CCPA 1966).
Initially, we note that it is not enough that the results
for appellants’ invention and a supposed prior art invention
are different. Appellant must demonstrate that such results
are unexpected. Geisler, 116 F.3d at 1469-70, 43 USPQ2d at
1365; Klosak, 455 F.2d at 1080, 173 USPQ at 16. However, as
indicated supra, it is known that as the level of impurity,
especially carbon dioxide, in a recycle oxygen gas increases,
the ozone yield and ozone generation efficiency are adversely
affected. Reducing the impurity and substituting costly
oxygen for the impurity in a recycle oxygen gas, however, is
reasonably expected to increase the purification cost and the
cost associated with supplying replacement oxygen. As found
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