Appeal No. 1996-0442
Application No. 07/855,442
to be unusual and unexpected to a person of ordinary skill in
this art.
Our position is further supported by the data presented
in Figure 5. We find that the dielectric layers represented
by Curves 56 and 57 having refractive indices of 2.24 and 2.31
respectively, undergo significant changes in the Kerr Rotation
Angle after as little as ten hours. In contrast, we find
dielectric layers having a refractive index between 1.70 and
2.15 undergo no change in the Kerr Rotation Angle even after
five thousand hours have passed. Moreover, in view of the
Answer’s failure to challenge Declarant’s conclusion that
unusual and unexpected results are evidenced by the change in
Kerr Rotation Angle, outside the refractive index range of
1.70 to 2.15, we are constrained to agree with and accept the
conclusions reached by appellants.
For the above reasons, we conclude, evaluating the
examiner’s prima facie case of obviousness in view of
appellants’ evidence and arguments, that based on the totality
of the record before us, the preponderance of evidence weighs
in favor of non-obviousness within the meaning of § 103. In
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