Appeal No. 1996-3770 Page 12
Application No. 08/412,834
answer do not reflect that appropriate weight has been accorded
this evidence of unobviousness.
On this record, it is our view that the declaratory
evidence taken with appellants' specification establish that
the claimed formability properties would have been unexpected
from the prior art teachings relied upon by the examiner. See
In re Soni, 54 F.3d 746, 750, 34 USPQ2d 1684, 1687 (Fed. Cir
1995).
In view of the above, the examiner's stated rejections can
not be sustained.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 2, 5, 6, 8, and 9 under 35 U.S.C. § 103 as being
unpatentable over Ikushima or Sawyer; claims 1, 2, 5, 6, 8, and
9 under 35 U.S.C. § 103 as being unpatentable over Ikushima or
Sawyer in view
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