Appeal No. 1996-2844
Application No. 07/955,162
essentially of" in the claims excludes the synergistic
combination of corrosion inhibitors which is the primary
feature of the Van Neste composition. We disagree.
Appellant’s specification is devoid of any indication that
such additives are specifically excluded or would otherwise
materially affect the basic and novel characteristics of
appellant’s anti-corrosive formulation. Cf.
In re Herz, 537 F.2d 549, 551, 190 USPQ 461, 463 (CCPA 1976).
Indeed, it would appear that the synergistic additives of Van
Neste would only improve the anti-corrosion properties of
appellant’s formulation rather than materially change its
fundamental character. Certainly, appellant has not shown
otherwise. Accordingly, we conclude that appellant’s appealed
claims are inclusive of the additional synergistic components
(i.e., an alkylbenzoic acid and an aliphatic monobasic acid,
or their salts) disclosed by Van Neste.
We also take note of appellant’s reliance on In re
Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir.
1987), to support the proposition that obviousness with regard
to a combination of components cannot be established absent
some teaching, suggestion, or incentive in the prior art
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