Appeal No. 1997-0433
Application 08/230,582
more than provide unsupported allegations of a difference in the amount of residual styrenic monomer
remaining in the viscosity index improving copolymer solutions prepared as taught in Suzuki. In re
Payne, 606 F.2d 303, 315, 203 USPQ 245, 256 (CCPA 1979); In re Greenfield, 571 F.2d 1185,
1188-89, 197 USPQ 227, 229-30 (CCPA 1978). Accordingly, based on our consideration of the
totality of the record before us, we have weighed the evidence of anticipation and of obviousness found
in Suzuki with appellants’ countervailing evidence of and argument for non-anticipation and for
nonobviousness and conclude that the claimed invention encompassed by appealed claims 8 through 10
are anticipated as a matter of fact under 35 U.S.C. § 102(b) and would have been obvious as a matter
of law under 35 U.S.C. § 103.
The examiner’s decision is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may be extended
under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
significance of evidence that a problem was known in the prior art is, of course, that knowledge of a
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