Appeal No. 96-0071
Application 08/306,437
Merck & Co., 874 F.2d at 808, 10 USPQ2d at 1847, the evidence demonstrates that the replacement
of even 10 wt% of “Rublon L-5” with “Teflon 7J” results in a composition with significantly improved
tensile strength and elongation. In similar manner, the replacement of even 10 wt% of “Teflon 7J” with
“Rublon L-5” results in a composition with significantly improved dynamic coefficient of friction and
wear depth values. Accordingly, in considering all of the evidence in the declarations as a whole, we
find that, on this record, the evidence demonstrates that the results obtained with the claimed
compositions with respect to all of the specified physical properties were unexpected. See In re
Nolan, 553 F.2d 1261, 1267, 193 USPQ 641, 644-45 (CCPA 1977).
Accordingly, based on our consideration of the totality of the record before us, we have weighed
the evidence of obviousness found in Hirai with appellant’s countervailing evidence of and argument for
nonobviousness and conclude that the claimed invention encompassed by the appealed claims would
have been nonobvious as a matter of law under 35 U.S.C. § 103. Thus, we reverse the examiner’s
ground of rejection.
The examiner’s decision is reversed.
Reversed
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
PETER F. KRATZ )
Administrative Patent Judge )
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