Appeal No. 1996-2919
Application No. 08/139,861
contains declaration evidence submitted by appellants that was
not considered in the prior appeal.
Appealed claims 3-26 stand rejected under 35 U.S.C. § 103
over Tenud in view of Sayo.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
that appellants' evidence of nonobviousness outweighs the
examiner's evidence of obviousness. Accordingly, we will not
sustain the examiner's rejection.
To the extent it would have been obvious for one of
ordinary skill in the art to utilize the catalysts disclosed
by Sayo in the reaction of Tenud, we find that appellants'
declaration evidence, particularly the Kumobayashi Declaration
of
January 30, 1995 and the Second Supplemental Declaration of
November 3, 1995, places of record evidence of unexpected
results that has not been adequately refuted by the examiner.
The Kumobayashi Declaration executed January 30, 1995
demonstrates that a catalyst of the appealed claims provides
99% conversion for the reaction in comparison with two other
catalysts of Sayo which result in conversions of only 3%.
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