Appeal No. 1996-1735
Application No. 08/184,526
with Weiss, page 4. We can deduced from this finding that the
Weiss reference describes a polyamide curative having a range
of amine group equivalents to acid group equivalents ratios,
which embraces the range of ratios recited in claim 4. In
view of the above findings of fact, we determine that the
Weiss reference would have rendered the claimed subject matter
prima facie obvious to one of ordinary skill in the art. See
Titanium Metals Corp. v. Banner, 778 F.2d 775, 782, 227 USPQ
773, 779 (Fed. Cir. 1985)(When both the claimed and prior art
products have the same ingredients in proportions which are
close to one another, one of ordinary skill in the art would
have reasonably expected them to have the same or similar
properties); In re Malagari, 499 F.2d 1297, 1303,182 USPQ
549,549(CCPA 1974)(When the claimed and prior art products
have overlapping proportions of the same ingredients, such
products would be prima facie obvious over one another).
To rebut the prima facie case of obviousness established
by the examiner, appellants appear to rely on the criticality
of the claimed range of ratios. See Brief, page Appellants
must “show the [claimed] range is critical, generally by
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