Appeal No. 96-2708
Application 08/335,432
addition of a zinc-containing compound to the combination of catalysts, active hydrogen
group containing compounds, and acidic additives results in decreased reaction rates and
increased reaction times.
We point out that the presentation of objective evidence of nonobviousness, in itself,
does not mandate a conclusion of nonobviousness. Newell Cos. V. Kenney Mfg. Co., 864
F.2d 757, 768, 9 USPQ2d 1417, 1426 (Fed. Cir. 1988), cert. denied, 493 U.S. 814
(1989). We have reviewed the evidence and do not find it to outweigh the evidence of
obviousness relied upon by the examiner. In re Johnson, 747 F.2d 1456, 1460, 223
USPQ 1260, 1263 (Fed. Cir. 1984); and In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ
785, 788 (Fed. Cir. 1984).
In this instance, we find that appellants have not compared their claimed invention to
Perry, the closest prior art. In re DeBlauwe, 736 F.2d 699, 705, 222 USPQ 191, 196
(Fed. Cir. 1984).
In conclusion, we agree with the examiner that claims 3-6 are prima facie obvious
and that the objective evidence fails to overcome the rejection of record. In our judgment,
the evidence of nonobviousness presented by the appellants does not outweigh the
evidence of obviousness of record.
For the foregoing reasons, the decision of the examiner is affirmed.
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