Appeal No. 1997-1513
Application No. 08/249,736
observe that Ogino indicates that any organic dye may be used
in combination with his formula (I) dyes for the purpose of
correcting the hue and improving the polarizing activity.
Thus the use of combined organic dyes in combination with
Ogino's formula (I) dye compound would have been prima facie
obvious under the legal theory set forth in In re Susi, supra.
Appellants argue that evidence of unexpected results is
of record which rebuts the prima facie case of obviousness
established by the applied prior art. In this regard,
appellants refer to the comparative example 1 in the
specification at pages 27 and 28 in the comparative examples
set forth in the declaration of record. Respecting this
evidence, we agree with the examiner that it is insufficient
to rebut the prima facie case of obviousness. In submitting
evidence to establish unobvious results, it is appellants'
burden to indicate how the examples asserted to represent the
claimed invention are considered to relate to the examples
intended to represent the prior art, and particularly to
indicate how the prior art examples represent the closest
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