Ex parte NURMI et al. - Page 13




          Appeal No. 95-1641                                                           
          Application No. 07/825,927                                                   


               With respect to claim 8, we agree with the examiner that                
          the determination of workable or even optimum heat transfer                  
          surface area would have been obvious to an artisan with                      
          ordinary skill since the amount of heat transfer is known to                 
          be affected by the size of a heat transfer area (Q=(A)(Cp)(T2-               
          T1)).  Woodruff, 919 F.2d at 1578, 16 USPQ2d at 1936-37;                     
          Boesch, 617 F.2d at 276, 205 USPQ at 219.  We find that the                  
          size of a heat transfer area is a known result effective                     
          variable.  Note also Witte, column 1, lines 29-52.                           
               Appellants argue that the claimed process imparts                       
          surprising and unexpected results, i.e., larger crystal sizes,               
          faster cooling rates, larger productivity and more                           
          reliability, thus rebutting the prima facie case of                          
          obviousness established by the examiner.  See Brief, pages 9-                
          14.  Having carefully reviewed the examples in the                           
          specification and the examples in the Yamauchi reference, we                 
          are not convinced that appellants have met their burden of                   
          demonstrating unexpected results.  See In re Geisler, 116 F.3d               
          1465, 1469-70, 43 USPQ2d 1362, 1365 (Fed. Cir. 1997); In re                  
          Heyna, 360 F.2d 222, 228, 149 USPQ 692, 697 (CCPA 1966).                     


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