Appeal No. 94-4357
Application No. 07/739,050
Appellants also acknowledge that other factors, such as
“generator size, power density and flow rate[,] most directly
impact on the cost of generation.” Brief, page 7. In other
words, the showing of an unexpected result in one system
configuration does not extend to other system configurations
covered by the present claims.4
Finally, it cannot be ascertained from the declaration
what in fact caused the alleged improved results. Heyna, 360
F.2d at 228, 149 USPQ at 697 (“[t]he cause and effect sought
to be proven is lost here in the welter of unfixed
variables”). In this regard, we note that nowhere does the
declaration specify the types of system configurations
compared and the types of process and equipment variables
employed.
Thus, we conclude that the evidence of obviousness
regarding the above subject matter, on balance, outweighs the
evidence of nonobviousness proffered by appellants. Hence, we
agree with the examiner that the above subject matter as a
4Although the showing, for example, requires purging (the
declaration, page 3), appealed claim 1 does not require such a
step.
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