Appeal No. 1997-2010 Application No. 08/332,671 of the specification). Any probative comparative results must be commensurate in scope with the claimed subject matter, have2 all variables fixed except the one proposed to show unobvious results, and must establish that the results are truly3 unexpected. Accordingly, this application is remanded to the examiner for review and consideration of the foregoing matters. Summary The rejection of claims 1 through 12 under 35 U.S.C. � 103 as unpatentable over Nichols is reversed. The decision of the examiner is reversed. This application is remanded to the examiner for appropriate action as noted above. In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA2 1980). In re Dunn, 349 F.2d 433, 439, 146 USPQ 479, 483 (CCPA3 1965). 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007