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).
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007