Appeal No. 1996-0270
Application 08/118,128
hydroxyethyleniminodiacetate and nitrilotriacetate, which are
two of appellant’s ligands, form chelates which leave about 9-
34% Fe in solution. Appellant’s argument is not persuasive
because the observed results would have been expected by one
of ordinary skill in the art. Because
hydroxyethyleniminodiacetic acid and nitrilotriacetic acid are
stronger acids than picolinic acid and rhodizonic acid, one of
ordinary skill in the art would have expected the
hydroxyethyleniminodiacetate and nitrilotriacetate to attract
the iron more strongly and thereby compete better with the
soil than picolinic acid and rhodizonic acid with respect to
keeping the iron in solution. It is not enough for appellant
to show that the results for appellant’s process and the
comparative process differ. The difference must be shown to
be an unexpected difference. See In re Freeman, 474 F.2d
1318, 1324, 177 USPQ 139, 143 (CCPA 1973); In re Klosak, 455
F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972).
Appellant argues (brief, page 6; reply brief, page 6)
that the Pignatello declaration states (page 3) that the
amounts of peroxide and chelate required to obtain degradation
10
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