Appeal No. 95-2227
Application No. 08/048,964
DISCUSSION
The rejections under 35 U.S.C. § 103
Claims 1-6, 10-12, and 18-19 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Rosinski.
Claims 7-9, 13-17, and 20 rejected under 35 U.S.C. § 103 as being unpatentable
over the combination of Rosinski and Young.
We have chosen to group the two grounds of rejections, since appellants have not
chosen to separately argue the rejection over the combination of Rosinski and Young.
(Brief, page 4).
Claims 1-17:
We begin our analysis of this appeal by noting that the appellants have conceded
the prima facie case of obviousness as to "Claim 1-10-16" at page 5 of the Brief. We
interpret this claim designation as being directed to independent claims 1, 10 and 16 and
to include all claims dependent thereon. Appellants state that there are two issues
presented for our consideration and thus determinative of the rejections of the appealed
claims. The two issues are stated to be (Brief, page 5):
1. The adequacy of the showing of unexpected results.
2. Claim scope, are claims commensurate with the showing?
At page 5 of the Examiner's Answer (Answer), the examiner concedes that ".... the claim
scope is commensurate with the showing."
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