Appeal No. 1996-2844
Application No. 07/955,162
supporting the combination. Our conclusions and those of the
examiner are consistent with Geiger for the simple reason that
the Van Neste reference itself clearly and explicitly suggests
a combination of corrosion inhibitors to be used along with a
freezing point depressant, e.g. propylene glycol, much as
claimed by appellant. In this regard, we refer to col. 4, l.
22-29 of Van Neste.
We have reviewed comparative data presented in the
Greaney Declaration (Paper No. 7) upon which appellant
apparently relies as evidence of unexpected results. However,
the data is of little probative value for the following
reasons:
First, the evidence does not appear to represent a
comparison of appellant’s invention with the closest prior
art. See In re Johnson, 747 F.2d 1456, 1460, 223 USPQ 1260,
1263 (Fed. Cir. 1984).
Second, the evidence is not dispositive since the
comparative formulation B varies from appellant’s formulation
A in a number of respects, in terms of both the components
included and differences in component concentrations. Thus,
any cause and effect sought to be proven is lost in the welter
7
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