Appeal No. 1997-0158
Application No. 08/026,581
In addition, it cannot be ascertained from appellants’
examples the origin of the improved selectivity due to the
number of unconstrained variables. In re Dunn, 349 F.2d 433,
439, 146 USPQ 479, 483 (CCPA 1965) (“[t]he cause and effect
sought to be proven is lost here in the welter of unfixed
variables”). It is impossible to determine whether the
improved selectivity is due to the catalyst, reaction
conditions and/or reactants employed, or due to formic acid as
alleged.
Thus, having considered all of the evidence of record, we
determine that the evidence of obviousness, on balance,
outweighs the evidence of nonobviousness proffered by
appellants. Hence, we agree with the examiner that the
claimed subject matter as a whole would have been obvious to
one of ordinary skill in the art. Accordingly, we affirm the
examiner’s decision rejecting all of the appealed claims under
35 U.S.C. § 103.
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