Appeal No. 1997-2073 9
Application No. 08/308,639
appellants have not carried their burden of proof. In re
Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972) (the
burden of proving unexpected results rests on the party who
asserts them). In other words, appellants have not
demonstrated that the showing is commensurate in scope with
the degree of protection sought by the appealed claims. In re
Greenfield, 571 F.2d 1185, 1189, 197 USPQ 227, 230 (CCPA
1978). While the showing is limited to a crimped composite
fiber comprising the polyurethane core component exposed on
its surface having a substantially uniform width of between 2
and 25% of the circumference of the filament with a standard
deviation about a mean value not exceeding 1.3% or those
fibers produced by the specific method and spinneret used in
the
showing, the appealed claims are not so limited. On this
record, there is no evidence that the desired properties
attributable to
those fibers produced by the specific method and spinneret are
attributable to the claimed crimped composite fiber.
Determining patentability on the totality of the record,
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