Appeal No. 1997-2308
Application 08/504,266
(CCPA 1974).
Furthermore, in tests 9 to 11 wherein appellants’
biocides are used, not only does the biocide differ from the
comparative examples but the coating composition also differs.
Thus, the cause-and-effect relationship which appellants
desire to show between biocide composition and shelf life is
lost in multiple unfixed variables. See In re Heyna, 360 F.2d
222, 228, 149 USPQ 692, 697 (CCPA 1966); In re Dunn, 349 F.2d
433, 439, 146 USPQ 479, 483 (CCPA 1965).
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claims 25, 29, 31 and 32 are rejected under 35 U.S.C.
§ 103 as being unpatentable over Vieira in view of the
admissions in appellants’ specification.
The processes recited in claims 25, 29, 31 and 32 would
have been prima facie obvious to one of ordinary skill in the
art for the reasons given above. The evidence relied upon by
appellants for overcoming the prima facie case of obviousness
is not adequate because, as discussed above, appellants have
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