Appeal No. 1997-1875
Application No. 08/451,378
art, the antiwear properties appear to vary by the same
amount, namely, approximately 12%. This fact evinces that a
12% variation in antiwear properties is typical in this art
and thus expected rather than unexpected.
In summary, it is our determination that the appellants'
evidence of nonobviousness is not commensurate in scope with
the claims to which it pertains and fails to show that the
improved results would have been unexpected by one having an
ordinary level of skill in this art. As a consequence, we
consider all of the evidence of record, on balance, to weigh
most heavily in favor of an obviousness conclusion. We shall
sustain, therefore, the examiner's § 103 rejection of claims 1
through 13 as being unpatentable over the British reference to
Miles or the U.S. patent to Miles or the European reference to
Umemoto.
The decision of the examiner is affirmed.
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