Ex parte SEZI et al. - Page 8




          Appeal No. 96-3019                                                           
          Application No. 08/386,136                                                   


          met thier burden of showing unexpected results.  In re Klosak,               
          455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972).  It is not                 
          sufficient to assert that the results obtained are unusual or                
          unexpected.  The burden of showing unexpected results rests on               
          they who assert them.                                                        
               Appellants argue that a direct comparison of a t-butyl                  
          ester with t-butyl carbonate shows that shrinkage in the case                
          of t-butyl ester is markedly less.  See Brief, page 5.  This                 
          argument is not persuasive because appellants have not                       
          presented a comparison with the closest prior art.  See In re                
          Baxter Travenol Labs., 952 F.2d 388, 392, 21 USPQ2d 1281, 1285               
          (Fed. Cir. 1991); In re De Blauwe, 736 F.2d 699, 705, 222 USPQ               
          191, 196 (Fed. Cir. 1984).  Appellants rely on the Conference                
          Report of Leuschner to disclose that t-butyl carbonate groups                
          and t-butyl ester groups are not equivalent.  They further                   
          rely on Chatterjee, submitted with the Reply Brief, in support               
          of their position.  See Reply Brief, page 2.  However, we                    
          agree with the examiner and find that the polymers exemplified               
          by Leuschner and Chatterjee directed to t-butoxy carbonyl                    
          imide are not within the scope of the prior art references and               
          hence do not represent the closest prior art.  See Answer,                   
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